SERVED MAY 5, 2010 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D. C. 

) 

FEDERAL AVIATION ADMINISTRATION,) 

) 

Complainant, ) FAA DOCKET No. CP09GL0004 

) 

) (Civil Penalty Action) 

) 

FEDERAL EXPRESS CORPORATION, ) 

) 

Respondent. ) DMS No. FAA-2009-0097 

INITIAL DECISION 

OF ADMINISTRATIVE LAW JUDGE RICHARD C. GOODWIN 

Found: 1) Respondent violated 49 C.F.R. §§171.2(e), 171.11, 175.3, and 

§175.30(a)(3) as charged; 

2) Respondent is hereby assessed a civil penalty of $115,000. 

I. Backgroun d 

Complainant Federal Aviation Administration ("Complainant," "FAA," or "the 

agency") alleges that on or about September 11 and 12, 2007, agents of 

Respondent Federal Express Corporation ("Respondent" or "Federal Express") 

offered hazardous materials for transportation by air when the materials had not 

been properly packaged, marked, labeled, and in the condition for shipment required 

by the Department's Hazardous Materials Regulations ("HMRs"), 49 CFR §§171-

178. Seven packages are cited. 

In its Complaint of May 14, 2009, the agency charged Federal Express with 

violating 49 C.F.R. §§171.2(e),' 171.11, 175.3, and 175.30(a)(3). Section 171.2(e) 

prohibits the offer or acceptance of hazardous materials ("hazmats") for 

transportation unless they are properly marked, labeled, packaged, and in condition 

for shipment. Section 171.11 authorized the offer, acceptance, and air 

transportation of hazmats in accordance with ICAO (International Civil Aviation 

' The references in the Complaint to "171.2(c)" are in error. 
Organization) Technical Instructions.^ Section 175.3 prohibits a hazardous material 

that has not been properly prepared for shipment to be offered, accepted, or 

transported in air transportation. Finally, §175.30(a)(3) prohibits the acceptance of 

hazmats in air transportation unless such materials have been marked, labeled, and 

placarded as the HMRs require. Pursuant to 49 U.S.C. §5123(a) and 14 C.F.R. 

§13.305, the agency asks for a total civil penalty of $182,500. 

Respondent admitted the facts underlying the charges (Post Hearing Brief of 

Respondent ("Respondent's Brief), p. 5). It took issue only with the proposed 

penalty. Federal Express argues that the amount the FAA suggests is well higher 

than is warranted by the nature and extent of the infractions, particularly when the 

mistakes are weighed against the scope of the carrier's operations. 

A hearing was held on October 29, 2009, in Chicago, IL. I determined that a 

written decision was reasonable and appropriate under the circumstances. The 

parties have each filed opening briefs, and Complainant has also filed a rebuttal 

brief. 

I find and conclude that Complainant proved the violations alleged. I further 

hold that the facts and circumstances of this case warrant an assessment against 

Respondent of $115,000. 

II. Discussion 

As stated above, the facts underlying the violations are not contested. 

Moreover, the testimony of FAA special agent Cherice McDaniel proved the 

violations (see Tr. 26-68). 

Much of the hearing was spent in taking evidence exploring the 

circumstances surrounding the violative shipments. Agent McDaniel, a dangerousgoods specialist,^ testified first. She stated that this matter grew out of a routine 

inspection she conducted at Federal Express' sort facility in Indianapolis. In 

examining 36 shipments, agent McDaniel discovered seven packages Respondent 

had accepted had not been marked in conformance with HMR requirements (Tr. 26-

36, 45-46, 54, 59, 63). 

Five of the seven boxes (all fiberboard or cardboard) had been tendered by a 

company called Advanced Chemistry and Technology Midwest ("Advanced 

Chemistry"). Each box held resin solution, a Class 3 flammable liquid (Tr. 31-36, 58, 

70; Exhs. C-1, C-12). The packages lacked a UN specification number. This is a 

mark signifying the classification and characteristics of the packaging. It tells the 

^ Section 171.11 was removed and reserved effective October 1, 2007. See 72 FR 25162, 25171, 2007 WL 

1279623 (F.R.) (May 3, 2007). The agency explained that the rulemaking effecting this change was 

designed to "revise, consolidate, and clarify" similar HMR provisions contained in the now-former 

§§171.12 and 171.12a as well as in §171.11. 72 F.R. 25163. Since the conduct complained of occurred 

prior to the effective date of the rulemaking, §171.11 still had been in effect. 

The term "dangerous goods," as used in the ICAO Technical Instructions, is interchangeable with the 

term "hazardous material," as defined in 49 C.F.R. § 171.8. 
package handler that the packaging has gone through all appropriate performance 

testing (Tr. 77). A sixth box had been tendered by Dow Corning Corporation. It 

contained cyclosiloxane, a Class 4.1 flammable solid (Tr. 36-39, 62; Exh. C-2). This 

shipment lacked an overpack mark. An overpack mark indicates that the immediate 

package is an overpack box and that the inner contents of the package conform to 

HMR requirements (Tr. 38-39, 63, 172-73). The seventh and last package had beett 

offered by Custom-Pak Products. It held a 70% solution of isopropyl alcohol, a 

Class 3 flammable liquid. This package also lacked a UN specification number (Tr. 

39-41, 64-66; Exhs. C-3, C-13). 

The agency sent Respondent a Letter of Investigation (LCI) under date of 

September 27, 2007 (Exh. C-4). Respondent's answer of October 19, 2007, 

prepared and signed by corporate safety advisor David Littlejohn, explained the 

circumstances surrounding the shipments (Exh. C-5). Mr. Littlejohn testified at the 

hearing. 

Federal Express actually had rejected the five Advanced Chemistry 

packages, its answer stated. A dangerous-goods specialist recognized that they had 

been packed in non-specification packages, Mr. Littlejohn testified, and had set them 

aside, intending to return them to the shipper. But when the specialist temporarily 

left the immediate area to make a computer entry, a Federal Express driver, spotting 

the packages and thinking they had been cleared for acceptance, placed them in the 

system. The employee who had rejected the packages, upon returning, believed 

that they had been returned to the shipper. In sum, the Advanced Chemistry 

shipment had been placed in the system as a result of a series of 

misunderstandings. The Dow Corning package, Mr. Littlejohn continued, got into the 

system because an employee had failed to notice that the shipper had omitted the 

overpack marking on the outer packaging (although Dow Corning, as it was also 

required to do, had declared an overpack on the shipper's declaration). Finally, a 

Federal Express employee had failed to notice the missing UN specification mark on 

the outer package when the employee performed an inspection on a Custom-Pak 

Products shipment that had been marked as a UN specification container. 

Respondent acknowledged that each shipment flew on at least two Federal Express 

flights; the five packages from Advanced Chemistry flew on three (Exhs. C-1, C-2, C3, and C-5; Tr. 50-53, 109-10, 172, 187-91, 197-98). 

III. Penalty 

We now turn to the issue of civil penalty. 

A. Factors 

Determination of an appropriate civil penalty requires consideration of a 

variety of factors. The decisionmaker must weigh "the nature, circumstances, 

extent, and gravity of the violation[s]," and, with respect to the violator, "the degree of 

culpability, any history of prior violations, [and] the ability to pay" as well as "other 

matters that justice requires" (49 U.S.C. §5123(c); Tr. 124-25). The principal 

elements in this analysis are the nature of the respondent's conduct and the totality 
of the circumstances. Envirosolve, LLC, FAA Order No. 2006-2 (February 7, 2006), 

p. 13. 

The Administrator has provided policy guidance for agency employees to 

follow when recommending an appropriate civil penalty in hazardous-materials 

cases. It has published penalty guidelines. The guidelines, contained in FAA Order 

2150.3A, assess all relevant statutory criteria, including mitigating and aggravating 

circumstances. The guidelines further aid Complainant's penalty determination 

through a Sanction Guidance Matrix. The Matrix sets out specific penalty ranges for 

each input, cross-referencing such factors as the nature of the respondent (for 

example, whether it is a business which "regularly" offers hazmats) and the relative 

risk of harm posed by the goods offered. Complainant's sanction determination 

nevertheless does not merely reflect a fixed mathematical computation. The 

sanction guidance table is intended to indicate the Administrator's "general views" 

about the civil penalty ranges appropriate for different types of violations. Folsom's 

Air Service, Inc., FAA Order No. 2008-11 (November 6, 2008), 2008 WL 4948488, p. 

13. Nor are the guidelines binding. Each situation, being dependent on so many 

variables, is unique. "Evaluation of the case," the FAA has emphasized, "is based on 

the totality of the facts and circumstances."" 

An administrative law judge ("ALJ") is not required to follow the FAA Policy. 

The Policy is intended for the guidance of agency personnel, and ALJs are not 

agency personnel. Folsom's, supra, p. 14. ALJs make decisions independently, and 

the ALJ determines (subject to agency review) whether a civil penalty is to be 

assessed, and if so, in what amount. The guidelines nonetheless must be respected 

as an expression of agency sanction policy. They represent an effort to produce 

consistent results in similar cases. The Administrator has asserted the power to 

impose the agency's sanction policy on appeal if an ALJ assesses a civil penalty that 

is not consistent with the policy, l/l/anbe/oi/i/'s Air Ventures, Inc., FAA Order No. 

2000-3 (February 3, 2000), p. 20; Northwest Airlines, FAA Order No. 1990-37 

(November 7, 1990), pp. 8-10. 

There are additional factors informing the determination of an appropriate civil 

penalty. Air carriers are held to a high duty of care. Indeed, they are obligated to 

perform their services with "the highest possible standard of care." See, e.g., 

Folsom's, supra, p. 16. This degree of care devolves from carriers' responsibility to 

assure, to the maximum extent possible, the safety and well-being of their 

passengers, crew, and others involved in transportation by air. 

Hazardous materials require particular attention. They are dangerous by their 

very nature. The risk of harm must be kept to an absolute minimum in view of the 

* FAA Policy on Enforcement of the Hazardous Materials Regulations: Penalty Guidelines, 64 Fed.Reg. 

19443, 19444, 1999 WL 226610 (F.R.) (April 21, 1999) ("the FAA Policy"), also published on April 14, 

1999, as Change 26, Appendix 6, to FAA Order 2150.3A. FAA Order 2150.3A may be found at 

www.airweb.faa.gov. 

By Order 2150.3B, effective October 1,2007, the agency issued new sanction guidelines superseding the 

old. Since the actions involved in this matter occurred prior to the effective date. Order 2150.3 A remains 

applicable. See 72 Fed.Reg. 55853 (October 1, 2007). 
possible grave consequences of error. Carriers of dangerous goods such as 

Federal Express are expected to conform to the highest standards of care and, 

concomitantly, must answer in appropriate measure if they fall short. 

On account of hazmats' inherent capacity for peril, the HMRs provide a web 

of protection to minimize the risk for persons who could be adversely affected by "" 

such materials. Packaging (an important consideration in this proceeding) generally 

is secured against risks of harm resulting from the natural and foreseeable stresses 

of handling and flight through performance testing. Depending on requirements, 

packages may be shaken. They may be dropped. They may be dropped several 

times, dropped from a certain height, or dropped from different heights (Tr. 67-69, 

78). Placing such boxes aboard aircraft without all the protections compromises 

their integrity and puts the safety of air transportation at significant risk (see PostHearing Rebuttal Brief of Closing Argument ("Rebuttal Brief), p. 7). 

More specifically, noncompliant packaging can result in leakage. Release of 

the materials inside could raise unacceptably the risk of danger to aircraft structure. 

A leak also could cause adverse consequences for individuals nearby. Materials 

which are flammable, to cite another example from this proceeding, could cause a 

fire if they come in contact with a heat source. Such circumstances could threaten 

the integrity of the flight itself (Tr. 59, 64, 87-88, 125-26; Exh. C-13). 

B. Complainant's Position 

Complainant has asked for a levy of $182,500. It bears the burden of proving 

the appropriateness of this amount by a preponderance of the evidence. Phillips 

Building Supply, FAA Order No. 2000-20 (August 11, 2000), p. 8. 

Complainant argues that the substances involved in this case could have 

proven particularly dangerous. The liquids involved, resin solution (five boxes) and 

isopropyl alcohol (one box), are flammable. They may have a flash point of 73 

degrees, in which case normal room temperatures could ignite them. They also are 

categorized as belonging to packing group II. The agency's penalty guidelines place 

flammable liquids in packing group II in the highest-risk category in the penalty 

matrix, known as Category "A." Category A materials are materials that "when 

released in the confines of an aircraft can potentially have a catastrophic effect on an 

aircraft's ability to continue safe flight,..." They are given the maximum weight for 

assessment purposes (64 Fed.Reg. 19443, 19449 (April 21, 1999; see n. 4, p. 4 

above). The flammable solid at issue, cyclosiloxane, is considered to be a mediumrisk hazardous material. The guidelines place it in Category B, deserving of a 

moderate weight for assessment purposes.^ Respondent's marking and packaging 

violations involving such materials created a serious risk of danger, the agency says. 

^ Category B materials are materials that "may not pose an immediate threat to the safety of a flight, but can 

cause death or injury to persons due to unintended releases in aircraft cabin areas, and potential damage to 

aircraft structures over a longer period of time ... " 64 Fed.Reg. 19449; Tr. 125-26, 130-31; Exh. C-6. The 

assertion in Complainant's Post-Hearing Brief, p. 9, that all the materials at issue are in Category A and 

carry a maximum weight is incorrect. Cyclosiloxane, as a Division 4.1 flammable solid in packing group 

II, is grouped in Category B. 
Respondent's violation history was another aggravating factor in 

Complainant's penalty recommendation. Between 2004 and 2007, Federal Express 

was assessed seven civil penalties and undenwent eight administrative actions. The 

fines that the agency levied ranged from $3,000 to $25,000 (Exh. C-11; Tr. 128). 

This violation history is "extensive," the agency contends (Rebuttal Brief, p. 5), and 

shows, according to the testimony of FAA hazardous materials specialist Randal * 

Drymiller, "a trend of non-compliance" (Tr. 126). Yet, the agency argues, the penalty 

proposed is not too severe. It points out that the assessment could have been 

higher- as much as $50,000 per violation, or a total of $350,000 (49 U.S.C. §5123; 

Tr. 127-28; Complainant's Post-Hearing Brief, p. 10). In taking all factors in 

consideration, including corrective action undertaken by Respondent, Complainant 

asserts that an appropriate penalty is $32,500 for each marking violation (five), plus 

$10,000 per packaging violation (two), for a total of $182,500 (Rebuttal Brief, pp. 5-

6). 

C. Respondent's Position 

In its defense, Respondent stressed that the number of violations is small 

when measured against the scope of its operation. Federal Express, by any 

measure, is a large enterprise. It is a global business (Tr. 202). Safety manager 

Patrick Oppenheimer testified that the carrier handles 30,000-35,000 dangerousgoods packages every night.^ Seven violations, when measured against this 

background, have to constitute a smaller rate of offense than the same number of 

violations caused by most any other carrier. Additionally, the failures, according to 

Federal Express dangerous-goods official David Littlejohn, were not systemic. He 

called the incidents "isolated" and the result of "human error" (Tr. 194, 202). 

Mr. Oppenheimer also asserted that Respondent's dangerous-goods 

operation is made up of an extensive and comprehensive infrastructure that is 

carefully attuned to the carrier's responsibilities as a handler and transporter of such 

goods. The carrier has at least two dangerous-goods specialists at every 

acceptance location. It operates a dangerous-goods "hotline" to assist shippers in 

understanding their responsibilities. Anyone involved in Federal Express' chain of 

transport must undergo initial and recurrent training in order to become and stay 

familiar with regulators' detailed and complex requirements (see generally Tr. 138-

65; Exh. R-1). Mr, Littlejohn added that the carrier took corrective action after the 

discovery of its mistakes. He issued reminders to managers and shippers 

concerning the offending shipments. Federal Express officials also counseled the 

employees involved (Tr. 191-93, 206). 

Federal Express additionally stated in its defense that none of the boxes in 

fact leaked (Tr. 108). The packaging remained intact (Tr. 108-09). Respondent 

pointed out too that the Advanced Chemistry boxes could have been shipped as a 

"limited quantity consumer commodity," which would not have required UNspecification packaging (Tr. 105-07). In sum, the carrier contends that, in view of all 

* Tr. 141-42, 177, 193. Respondent also claims that Federal Express "handles more regulated shipments 

per day than any carrier in the world,. .." (Respondent's Brief, p. 5), but it did not offer evidence on this 

score. 
the circumstances. Complainant's proposed civil penalty is "overly punitive" 

(Respondent's Brief, p. 6). It did not counter with its own suggested penalty. 

D. Decision 

I have decided to assess a total civil penalty of $115,000. I find and conclude 

that this amount appropriately reflects the totality of the circumstances surrounding 

the offending shipments and the nature of Respondent's conduct. 

Any package containing hazardous materials which fails to completely 

conform to the HMRs introduces an unacceptable, and possibly perilous, element 

into the stream of air commerce. In this case, seven nonconforming packages flew 

on a total of nineteen flights (see I.D., p. 3). The violations presented a substantial 

threat of leakage of flammable substances - most of which fell in the highest-risk 

Category "A." The handling and transportation in non-specification packages could 

have led to other untoward consequences. Only one malfunction was necessary to 

seriously compromise the safety of individuals or of the flight itself. These facts and 

circumstances warrant a significant fine. 

Another consideration in determining the penalty amount is Respondent's 

size. The agency's policy is to place "a relatively equivalent deterrent effect on each 

air carrier."^ As such, "[wjhen the violator is a large company rather than a small 

company," the Administrator has said, "the penalty may need to be correspondingly 

larger to achieve the same deterrent effect." Toyota Motor Sales, USA, Inc., FAA 

Order No. 94-28 (September 30, 1994), p. 11. Federal Express, as a large carrier by 

any measure, must be subject to a fine with a deterrent factor appropriate to its size. 

The penalty should represent something greater in effect than simply a cost of doing 

business. 

Respondent's contention in mitigation that its violations are relatively small in 

number when measured against the scope of the carrier's operations - and that 

such circumstance warrants a commensurately small punishment ~ is rejected. It 

simply is not a relevant consideration. The large number of hazardous materials 

carried by Federal Express carries with it a concomitant responsibility. The carrier's 

obligation to conform to the laws governing the handling and transportation of 

dangerous goods is the same as any other entity. When it fails in that duty, it must 

answer. The volume of its operations simply is beside the point. 

I also give no weight to Respondent's argument that no leak or other 

potentially troublesome result flowed from its failure to properly mark the packages. 

These are fortuitous circumstances which do not warrant mitigation. Indeed, harm 

resulting from any of the shipments would have constituted an aggravating factor (64 

Fed.Reg. 19443,19445 (April 21, 1999)). Nor do I think that the carrier's corrective 

action warrants a reduction in an otherwise reasonable civil penalty. Respondent's 

^ FAA Order No. 2150.3A, Appendix 1, p. 103 quoted in Folsom 's Air Service, Inc., FAA Order No. 2008-

11 (November 6,2008), p. 13. While the agency's expression was, strictly speaking, directed toward the 

Federal Aviation Regulations ("FARs"), the same policy considerations behind the expression make it 

equally applicable to the HMRs. 
actions, while commendable, are not the kind of systemic change that the 

Administrator requires in order to lower an otherwise reasonable assessment. See, 

e.g.. Seven's Paint & Wallpaper Co., FAA Order No. 2001-6 (May 16, 2001), p. 6. 

Additionally, Respondent's contention that certain items could have been transported 

as "limited quantity," thus avoiding the requirement of UN-specification packaging, 

carries no weight. The salient consideration is that, given the manner in which the * 

packages were offered. Federal Express failed to conform to HMR requirements. 

Finally, civil penalties levied in other cases may be a relevant consideration. 

But this factor is of limited value. As the Administrator has said,"it is often difficult to 

compare sanctions across cases because there are so many variables involved in 

each case." Alika Aviation, Inc., FAA Order No. 1999-14 (December 22, 1999), p. 12, 

n. 20 quoted in Folsom's Air Service, Inc., FAA Order No. 2008-11 (November 6, 

2008), p. 21. Additionally, base penalty amounts have been raised periodically over 

the years, and have been adjusted upward from time to time to account for inflation. 

The maximum civil penalty for a single violation of 49 U.S.C. §5123(a), the penalty 

statute under which Complainant brought this case, was raised from $25,000 to 

$30,000 in 2002, and then to $50,000 for violations occurring after August 10, 2005. 

See 14 C.F.R. §13.305 (showing changes in minimum and maximum penalty 

amounts). It is useful to note, nonetheless, that the Respondent in Toyota Motor 

Sales, USA, Inc., was fined $50,000 for an undeclared shipment of two "wet" 

automobile batteries. FAA Order No. 94-28 (September 30, 1994). A hazardousmaterials broker and processor was assessed a civil penalty of $60,000 for offering 

two sample bottles (in a single overpack) of industrial byproducts without the 

required information. Envirosolve, LLC, FAA Order No. 2006-2 (February 7, 2006). 

The respondent in Midtown Neon Sign Corporation, FAA Order No. 1996-26 (August 

13, 1996) was fined $25,000 for an undeclared (and leaking) shipment of two 1-

gallon cans of paint. Each of these matters, it should be noted, involved just two 

nonconforming units, in contrast to the seven packages at issue here. 

I have considered all other arguments advanced by both parties. Those not 

discussed are rejected as without merit. 

In weighing the all the facts and circumstances, I find and conclude that a civil 

penalty assessment of $115,000 is warranted. The fine is $17,500 for each of the 

six Category A violations, and $10,000 for the one Category B violation. This 

amount appropriately reflects the nature of the risk to air transportation safety carried 

by Federal Express, while giving appropriate weight to other salient factors. 

The carrier placed in the stream of air commerce seven nonconforming 

packages. Six of the seven contained Category A flammable liquids. All of the items 

were carried on at least two flights, and the majority, the five Advanced Chemistry 

packages, flew on three. The carrier violated four HMRs, some more than once. 

The risk of harm that Respondent brought to air transportation was substantial. 

The assessment also is designed to achieve deterrence in view of both the 

standard of care under which Respondent operates and its size. Air carriers are 

held to the highest duty of care when handling dangerous goods, and the fine must 

be designed to cause Federal Express, which carries a great amount of hazmats (if 
not a greater amount than any other carrier) to sufficiently appreciate that fact. At 

the same time, the assessment contains a determination that the carrier's violation 

history is not as significant as Complainant would have it. Characterizing 

Respondent's violation history as "extensive," as Complainant does (I.D., p. 6) 

exaggerates the errors in its past performance. Complainant's description simply is 

not warranted by the facts. The agency weighed this factor more heavily than "^ 

circumstances dictated.^ 

In sum, I find that the civil penalty in the amount of $115,000 will achieve the 

statutory purpose of promoting compliance with the HMRs. It appropriately accounts 

for the factors the statute and agency policy directs in fixing the assessment. 

Respondent Federal Express Corporation is hereby assessed a civil penalty 

of $115,000 for violations of the HMRs 49 C.F.R. §§171.2(e), 171.11, 175.3, and 

175.30(a)(3), as stated in this Initial Decision.^ 

RichardMi;. Goodwin 

Administrative Law Judge 

Attachment - Service List 

* It is unclear, moreover, how Complainant determined that Respondent committed five marking violations 

and two packaging violations (see I.D., p. 6) when six of the seven violations were substantially identical. 

' This decision may be appealed to the Administrator of the FAA. The notice of appeal must conform to 

sections 13.210, 13.211(e) and 13.233 of the Rules of Practice, which require that a notice of appeal 1) be 

filed not later than 10 days (plus an additional five days if mailed) from the service date of this decision, 

and 2) be perfected with a written brief or memorandum not later than 50 days (plus an additional five, if 

mailed) from the service date of this decision. The notice of appeal and brief or memorandum must either 

be a) mailed to the Federal Aviation Administration, 800 Independence Avenue, S.W., Washington, DC 

20591, Atta: Hearing Docket Clerk, AGC-430, Wilbur Wright Building—Suite 2W1000, or b) delivered 

personally or via expedited courier service to the Federal Aviation Administration, 600 Independence 

Avenue, S.W., Wilbur Wright Building—Suite 2W1000, Washington, D.C. 20591, Atm: Hearing Docket 

Clerk, AGC-430. A copy of the notice of appeal and brief or memorandum also must be sent to agency 

counsel. Service upon the presiding judge is optional. 
FAA Docket No. CP09GL0004 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

I 

J. Mark Hansen, Lead Counsel 

Federal Express Corporation 

Regulatory Affairs, Legal Department 

3620 Hacks Cross Road 

Building B, 3rd Floor 

Memphis, TN 38125 

TEL: (901)434-8583 

FAX: (901)434-8283 

Kate Barber, Attorney 

Office of the Regional Counsel, AGL-7B 

Federal Aviation Administration 

2300 East Devon Avenue 

DesPlaines,IL 60018 

TEL: (847)294-7862 

FAX: (847)294-8293 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, D.C. 20590 

TEL: (202) 366-2139 Attorney-Advisor 

(202) 366-5121 Legal Assistant 

FAX: (202)366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 
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(Pagei of 1) 

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^ 

SHIPPERS DECLARATION FOR DANGEROUS SOODS 

Shipper 

Advancad Chembty and fKhndtogy MldvMtt 

3047 Elm Point Industrial Drtra 

St. CharlM. MO 63301 USA 

CoralgnM 

KAAMN AEROSPACE CORP 

OLD WINDSOR RO RECEIVING DEPT BL06 30 

Bloomfleld, CT OS002 USA 

Ofwrsior. 

TRANSPORT DETAILS 

This sMpmont Is within the 

nmitallons pmseribad for 

(d*ManatKapp(lcai)ls) 

PASSENGER 

AND CARGO 

AIRCRAFT 

xxxxxxxxx 

xxxxxxxxx 

xxxxxxxxx 

Airport of DapBitura 

S t Loula, MlMouri 

Ain»rt o( DMOnstlon 

Air Waybill No, 702416966' 

Paga 1 of 1 Pagas 

Shi^qaw^ Reference Nunnbor 

*4t 

(oollenan-g ^ < 

TMadooumantwaapmJuoediby DanQ^nsuaOoixlsCom 

Hd^mmR "yTp^n^o. us. 

B r flr^mni rr°xJ-_LJ_iM Web: www.Ha2ShtoDer.com 

E-MaU: HapwatOHazShloper-mm 

WARNING 

Failure to comply in all rsspeets with tha sppllcabla Dansaratis 

Good* Raguiatipns may be In braacfi of the applicable law, 

•ul^ect to laiial parwltiea. 

Shipmeflt Type: 

I NON-RADIOACTIVE [XXXXXXXXXXXXXX j 

NATURE AND QUANTrTY OF DANGEROUS GOODS 

UN 

or 

10 

No. 

UNI 666 

Proper Shipping NaiTM 

Resin solution 

Claaa 

wDMaton 

(Subshfiaiy 

Risk) • 

Packing 

Group 

Quantity and 

type of packing 

1 FIBERBOARD BOX x 0.71 

L 

Pecking 

InaL 

305 

Authorization 

Additional Handfing infonnatkm TgZSSB113186/791760297544/799712830279^761760297568/702415906606 

lATA/ICAO Ragulatlone Used 244lourRmponBa Number. 1-800-424-9300 

/ ftamty declan that the contanta of thta coiwlBimiwit are MI y end 

accurately described above by tiie proper eMppIng name, and are 

classified, packaged, mattied and labelled/placenled. and are in all 

respects In proper condtUon for tranepott eccanilns to applicable 

Intetnationel end twUonal aovernmentat reoulatians. t declare that all of 

the applicable air tnihepoft requirements have been met. 

Nama/Dile of Signatory 

JEREMYi 

Place and 

St.Chai 

Signatuie 

(laewsn ^ 

/SHIPPING 

SP-L DANGEROUS GOODS COUNQL • P.O. Box 732S • Yorkl PA 17404 > USA • 

Complainant's Exhibit C-1 

Federal Express CP09GL0004 

764-SS606 • FAX 1 717 767-6855 

^(9l ^ \^^ ^ 

\ 

I 
I 

..... I 

SHIPPER'S PECLARATF J? DANGEROUS GOODS 

Shipper Dow Corning Corporation v 

Healthcare Ind. Materials Si\ 

1635 N. Gleaner Road 

HEMLOCK MI 48626 

(ivovideat least two copies to the airline.) 

Telephone (989) 642-5224 Fax (989) 642-7416 

Consignee 

PFIZER INC 

ATTN: THEAN YEOH 

EASTERN POINT ROAD 

GROTONCT 06340 

Two completed tind signed copies of this DeelaraUon mmt be 

handed to the operator. 

TRANSPORT DETAILS 

Tltis sliipment is witliin the 

limitation prescribed for 

(detete non-appUcable) 

PASSENGER 

AND CARGO 

AIRCRAFT 

Airport of Departure: 

i! 

Airport of Destination: 

NATURE AND QUANTITY OF D^GEROU S GOODS 

AirWaybttlNo. ^^^ ^ ^^^ ^ ^^42 . 

Page 1 of I Pages 

Shipper's Reference Number 8604813941/ 

(optional) 

WARNING 

Failing to comply in all respects with the applicable 

Dangerous Goods Regulations may be in breach of 

the applicable law, subject to legtd penalties. 

Shipment Type (delete tionHtppUcable) 

NON-RADIOACTIVE SMMift^^fflH^ 

UN 

or 

ID No. 

UN1325 

Styli 

Dangerous Goods IdentiOcatton 

Proper Shipping Name 

Flammabie solid, organic, n.o.s. 

(CYCLOSILOXANE) 

Complainants's Exhibit CFederal Express CP09GL00i 

Class 

or Division 

(Subsidiary 

Risk) 

4.1 

/i 

04 /f>^ 

Pacicing 

Group 

U 

^^^ ' C 

Quantity and type 

ofpaddng 

1 Fiber board box x 0.4 kg 

overpack used 

Packipg lAuthorization 

inst, 

415 

I 

Additional Handling Information Emergency Response TelqAone Number 

International: DowCorning 1-888-335-1331 

Domestic: ChemTrec 1-800-424-9300 

I hereby declare that the contents of this consignment are fuUy and 

accurately described above by the proper shipping name,and are 

classified,packaged, marked and labeied/placardM, and are in all 

respects in proper condition for transport according to applicable 

m^m nd nati(Hial goyenunental regulations. I declare that all 

Name/Title of Signatory 

JAMES FARRINCTON / SHIPPING COORDINATOR 

Place and Date 

HEMLOCK. Mictiigao, Unit^ 

Signature 

(see waming above) 

lutes l2Sep2007. 

\ 
I 

SHIPPER'S DECLARATION FOR DANGEROUS GOODS (Provide at least three copies to the airline.) 

Shipper 

Custom-Pak Pnxlucts. Inc. 

N118 W18981 Bunsen Drive 

Germantown, Wl 53022 

Air Waybill No. 7917 6049 0247 

Page 1 ot 1 Pages 

Shipper's Reference Number 

Consignee 

Milgard Manufacturing 

17450 East 32nd Place 

Aurora, CO 80011 

Two completed and signed copies of this Declaration must 

be handed to the operator 

Express 

TRANSPORT DETAILS 

This stiipment is wltt\in the 

limitations prescribed for: 

(dalBtg non applicable) 

PASSENGER 

AND CARGO 

AIRCRAfT m 

Airport of Departure 

Airport of Destination: 

WARNING 

Failure to comply in all respects with the applicable 

Dangerous Goods Regulations may be in breach of 

the applicable law, subject to legal penalties. 

Shipment type: (delete mn-appHcable) 

I NON-RADIOACTIVE I K*aSlt^m ~ 

UN121

NATUR

U

Grou

N Numbe

p (i

9

E

 Isopropy

f required)

 AN

r o

D

r

 QUANTIT

 Identificatio

l

,

 Alcoho

 and al

Y

l

 O

 othe

n

l 70

 Number

F DANGEROU

%

r require

 Solutio

, Prope

d

n

 information

 Clas

S

r Sliippin

 GOOD

s 3 it

g

S 

. 

 1

 name

2.8

 Fiberboar

3 L

. Clas

 eac

d

s

h 

 o

 Bo

r Divisio

x 305 

n (subsidiary risk), Packing I 

Additional Handling Information 

In case of emergency, please call emergency contact & reference #30N013N4C 

Emergency Telephone Number 1-800-688-4005 

I hereby declare that the contents of this consignment are fully and 

accurately described above by the proper shipping name, and are 

classified, packaged, marked and labelled/placarded, and are In all 

respects In proper condition for transport according to applicable 

International and National Governmental Regulations. I declare that 

ell of the applicable air transport requirements have been met. 

Name/Title of Signatory 

Tami Lache/GD 

Place and Date 

Germantown, Wl 

Signature 

(see warning abov9f 

FOR RADIOACTIVE MATERIAL SHIPMENT ACCEPTABLE FOR PASSENGER AIRCRAFT, THE SHIPMENT CONTAINS RADIOACTIVE MATERIAL 

INTENDED FOR USE IN OR INCIDENT TO RESEARCH, MEDICAL DIAGNOSIS, OR TREATMENT. 

Complainants's Exhibit C-3 

Federal Express CP09GL0004 or-, 

^0^ ^ 

^ 
o 

OS. Depoftmenf 

of Tronspcxtcrfiori 

Fedwcri Aviation 

Adiniiiitti'C^on 

ir^diana, Michigan, and Ohio 5420 West Southern Avenue 

Suite 203 

IndlanapoKs, Indiana 46241 

September 27,2007 

Certified Mail: 7006 1350 0003 1638 1132 

FAA File No.: 2007GL700396 

Mr. David Littlejohn 

Dangerous Goods Advisor Corporate Safety 

Federal Express Corporation 

3670 Hacks Cross Road, Building G, 2nd Floor 

Memphis, Tennessee 38125 

Dear Mr. Littlejoha: 

The Federal Aviation Administration (FAA) is investigating the circunistances 

stirroundtng your company's probable violation of the Federal hazardous material 

transportation laws. 

The week of September 15, 2007, Special Agent (SA) Cherice A. McDaniel reviewed 

dangerous goods shipments, accepted by Federal Express Corporation (FDEA) for 

transportation in commerce, to access their compliance with the Hazardous Matedal 

Regulations (HMR). The shipment exaniiiiations took place at your hidiwapolis, 

Indiana Hub. 

During the assessment, thirty-six domestic shipments were examined and seven were 

identified to have beai accepted by FDEA in non-specification packaging, which is 

contrary to requirements in the HMR. The following is a list of the shipments the FAA 

reviewed and found to be contrary to the HMR, 

ShiDttfr 

Advance Chemistry wwl Te<*inotogy 

Mktwest 

Advance Chemistry and Technolosy 

Midvi«8t 

Advance Chwnistry and Technotogy 

Midwest 

Advance Ch^rttstry and Technology 

Mktwest 

Advance Chemistry ai d Technology 

Midwest 

Dow Correng Corporation 

Custom-Pak Products 

nunriMT 

7797 1263 0279 

7925 5911 3189 

7924 1596 6506 

7917 6029 7544 

7917 6029 7588 

93604344 6262 

7917 6049 0247 

inspected Bv 

EmDiovee 

350061 

350061 

350061 

350061 

350061 

641089 

293500 

C^vv^M^i^^^^, H 

(M'2^ ^m.\^^^ 
The purpose of this inv^ti^ion is to determine if your company violated the United 

States Code of Federal Regulations, Titb 49, Part 175.3, in that, a hazardous material 

that is not prepared for shipment in accordance with the HMR may not be accepted for 

transportation oar transported aboard an aircraft. Under provisions of Section 5123 of 

Title 49 of the United States Code, your company is subject to civil penalties of not 

more than $50,000 for each violation. 

You may furnish a statement explaining the situation. Your statement should contain 

any extwoiating or mitigating circumstances that you feel may have bearing on this 

investigation. In addition, we request that you confirm if the shipments in question 

traveled aboard an aircraft and if so, provide the fli^t number(s). 

Furthermore, we request that you verify whether your con^sany qualifies as a small 

business entity b^sed on the standards prescribed by the Small Business Adroinistration 

(SBA). If you are unsure of your company's status, we recommend that you consult the 

SBA*s web site at www.sba.iK)v. where you will find furdier information relative to 

small business qualifications. Including this information in your letter of response is 

necessary to ensure that the FAA has all the relevant inf<»mation pertaining to the status 

of your company, thus enabling the FAA to process this incident in the most appropriate 

manner. 

Your response should be forwarded to the following mailing address; 

Federal Aviation Administration 

Attn: Special Agent Cheaice A. McDaniel 

5420 West Southern Avenue. Suite 102 

hidianapolis, hidiana 46241 

If we do not receive corre^>ondence from you within fifteen (15) days from the receipt 

of this letter, our report will be processed for action without the benefit of your 

statsaaenL 

Please contact SA McDaniel at (317) 243-7688, ejctension 206, mfb any questions. 

Sincer^y ^ 

KRalphJ. 

Manager, Indianapolis Security Field Office 

Complainants's Exhibit C-4 

Federal Express CP09GL0004 

^ ^Z^ 
,.'~-^porf' "afetv Telephone 901.434.9556 

5K ::rossRoad Fax901.43<l.9769 

—.idrng-,;;, 2nd Floor 

Memphis, TN 38125-8800 

RECEIVED 

OCT 2 2 2007 

Express 

October 19, 2007 

Ms. Cherice A. McDaniel 

Federal Aviation Administration 

5420 West Southern Avenue, Suite 102 

Indianapolis, IN 46241 

RE: 2007GL700396 

Dear Ms. McDaniel: 

FedEx Express has reviewed your letter received by my office on October 1, 2007, regarding 

seven shipments discovered at our Indianapolis, IN Hub in non-specification packaging when 

required. On October 1, 2007, via telephone you granted an extension for a response until the 

week of October 22, 2007, as I had business and vacation previously scheduled. 

Concerning the five shipments from Advance Chemistry and Technology Midwest, the 

Dangerous Goods (DG) Specialist at the station had indeed rejected the shipment. While the 

DG Specialist left the area to make computer DG manifest entries, the shuttle driver 

mistakenly thought the packages had been cleared for acceptance and subsequently placed 

the fireight in the system. When the DG Specialist returned to the inspection area he thought 

the shuttle driver was returning the shipment to the local shipper for correction. Management 

at this location has made sure that the DG Specialist and the shuttle driver understand when 

any DG fireight is rejected for non-compliance, a FedEx Express checklist will be attached to 

the fi-eight. This will assist in avoiding further occurrences of this type. Management also had 

a computer installed in the DG Specialisf s area to update the DG status of freight that is 

rejected. The shipper was contacted and informed of their discrepancy and that any fixture 

shipments not in compliance would be returned for correction. 

Concerning the shipment from Dow Corning, I contacted the shipper who informed me the 

inner packaging was indeed a specification package and the outer package an overpack. The 

shipper did declare this was the case on the paperwork but mistakenly did not mark overpack 

on the outer package. He understands the error and will make the necessary changes to 

prevent further occurrences of this type. The DG Specialist at this location mistakenly did not 

notice the mark was missing from the outer package. Management conducted docimiented 

coimseling with the employee and emphasized the use of our internal checklists when 

inspecting DG freight. In addition, this discrepancy was brought to the attention of all DG 

Specialists at this location to assist in avoiding fiirther occurrences of this type. The shipper 

was offered any assistance and information for fiiture compliance. 

^''' ' 

z'K 

Cc^ ^ ' A ^ 
2007GL700396 

Page Two 

Concerning the shipment from Custom-Pak Products, the DG Specialist mistakenly did not 

notice the missing specification mark on the outer package at time of inspection. 

Management conducted documented counseling with the employee and emphasized the use 

of our internal checklists when inspecting DG freight. This error was brought to the attention 

of all DG Specialists at this location to assist in avoiding further occurrences of this type. 

Management and my office contacted the shipper regarding the error and informed tliem.that 

any future shipments not in compliance would be returned for correction. The shipper was 

offered any assistance and information for future compliance. Finally, I sent an electronic i,; 

message to every DG Specialist at FedEx Express Worldwide reiterating the importance of 

inspecting for a specification mark on the outer package v^^hen required by the packing 

instruction for the material offered. 

As requested in your letter, the shipment from Advance Chemistry and Technology Midwest 

was transported on flights 1608, 2246 and 2435, the shipment from Dow Coming on flights 

1641 and 1747 and the shipment from Custom-Pak Products on flights 1632 and 1728. As 

also requested in your letter, to the best of our knowledge FedEx Express does not qualify as 

a small business entity. 

Thank you in advance for your consideration regarding this report. If I can be or any further 

assistance, please do not hesitate to contact me directly. 

Regards, 

David Littlejohn 

Corporate Safety Advisor 

FedEx Express 

901.434.9567 

901.434.9769 (fax) 

mdli ttlei ohn@fedex .com 

Complainants's Exhibit C-5 

Federal Express CP09GL0004 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF SECURITY AND HAZARDOUS MATERIALS 

TECHNICAL REVIEW: 

The International Civil Aviation Organization Technical Instructions, Dangerous Goods List, was 

reviewed and the following information, pertaining to the regulated products in question was revealed: 

PRODUCT NAME: AC- ® 730 Class C Mixed, PolysuUfide sealant 

PROPER SmPPING NAME: Resin solution, flammable 

TECHNICAL NAME: N/A 

HAZARD CLASS: 3 

UN NUMBER: UN1866 

PACKING GROUP: II 

LABEL CODE: 3, Liquid flammable 

SPECL^ PROVISIONS: A3 

PACKAGING: Passenger aircraft 305, Cargo aircraft 307 

QUANTITY LIMITATIONS: Passenger aircraft-5L, Cargo aircraft only-60L 

Complainants's Exhibit C-6 

Federal Express CP09GL0004 

r ^ 

10 7^1 

Interviewed/Reviewed On 1/25/2008 

By S/A Cherice A. McDaniel 

FAA Form 1600-32-1 (9-86) 

At Indianapolis. Indiana 

File No. 2007GL700396 

FOR OFFICIAL USE ONLY 

(Public availability to be 

determined under 5 U.S.C 552) 
o.S. DEPARTMENT OF TRANSPORTATIOi-^ 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF SECURITY AND HAZARDOUS MATERIALS 

TECHNICAL REVIEW; 

The International Civil Aviation Organization Technical Instructions, Dangerous Goods List, was 

reviewed and the following information, pertaining to the regulated products in question was revealed: 

PRODUCT NAME: Cyclosiloxane 

PROPER SHIPPING NAME: Flammable solid, organic, n.o.s. 

TECHNICAL NAME: N/A 

HAZARD CLASS: 4.1 

UN NUMBER: UN1325 

PACKE^G GROUP: II 

LABEL CODE: 4.1, Solid flammable 

SPECIAL PROVISIONS: A3 

PACKAGING: Passenger aircraft 415, Cargo aircraft 417 

QUANTITY LIMITATIONS: Passenger aircraft-15kg, Cargo aircraft only-50kg 

Interviewed/Reviewed On 1/25/2008 

By S/A Cherice A. McDaniel 

FAA Form 1600-32-1 (9-86) 

At 

Complainants's Exhibit C-7J^^ 

Federal Express CP09GL0004 

Indianapolis, Indiana 

File No. 2007GL700396 

FOR OFFICIAL USE ONLY 

(Public availability to be 

determined under 5 U.S.C 552) 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF SECURITY AND HAZARDOUS MATERIALS 

TECHNICAL REVIEW; 

The International Civil Aviation Organization Technical Instructions, Dangerous Goods List, was 

reviewed and the following information, pertaining to the regulated products in question was revealed: 

PRODUCT NAME: Isopropyl Alcohol 70% Solution 

PROPER SHIPPING NAME: Isopropyl Alcohol 

TECHNICAL NAME: N/A 

HAZARD CLASS: 3 

UN NUMBER: UN1219 

PACKING GROUP: II 

LABEL CODE: 3, Liquid flammable 

SPECIAL PROVISIONS: N/A 

PACKAGING: Passenger aircraft 305, Cargo aircraft 307 

QUANTITY LIMITATIONS: Passenger aircraft-SL, Cargo aircraft only-60L 

Interviewed/Reviewed On 1/25/2008 

By S/A Cherice A. McDaniel 

FAA Form 1600-32-1 (9-86) 

Complainants ' s Exhibit C-S";;^^ 

Federal Express CP09GL0004 

At Indianapolis, Indiana 

File No. 2007GL700396 

FOR OFFICIAL USE ONLY 

(Public availability to be 

determined under 5 U.S.C 552) 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF SECURITY AND HAZARDOUS MATERIALS 

ENFORCEMENT/VIOLATION HISTORY REVIEW; 

A query of the EIS database for SUBJECT revealed following violations: 

Case Number 

2004GL700151 

2004GL700253 

2004NM700026 

2004NM700280 

2005CE700079 

2005EA700553 

2007CE700032 

Disposition 

Civil Penalty $5,000 

Civil Penalty Consolidated 

Civil Penalty $7,000 

Civil Penalty $10,000 

Civil Penalty $3,000 

Civil Penalty $12,000 

Civil Penalty $25,000 

ted that the search also revealed the following administrati 

2004WP700235 

2004EA7000468 

2004EA700469 

2004EA700522 

2004EA700523 

2005EA700554 

2006CE700012 

2006EA700072 

Letter of Correction 

Warning Notice 

Warning Notice 

Warning Notice 

Warning Notice 

Warning Notice 

Warning Notice 

Warning Notice 

Please note the administrative actions that are included in this review are for informational purposes only 

and were not considered when determining the sanction amount. 

^ 

\l> 

'2f\ 

-C^ 

Complainants's Exhibit C-11 

Federal Express CP09GL0004 

Interviewed/Reviewed On 1/25/2008 At Indianapolis. Indiana 

By S/A Cherice A. McDaniel 

FAA Form 1600-32-1 (&^6) 

File No. 2007GL700396 

FOR OFFICIAL USE ONLY 

(Public availability to be 

determined under 5 U.S.C 552) 
Jr'^t. ^ I BBM ^Ktf I In 

1. CHEMICAL PRODUCT AND COMPANY INFORMATION 

Product ID: AC-730 Class C Base 

Generic Description: Poiysuiflde sealant 

Product Use: Aircraft sealant 

For information, contact: 

Advanced Chemistry & Technology 

7341 Anaconda Avenue 

Garden Grove, CA 92841-2921 

714-373-2837 

ChemTrec Emergency 

1 - 800 - 424 - 9300 

2. COMPOSITION/INFORMATION ON INGREDIENTS 

COMMON NAME 

Calcium carbonate 

Toluene 

Zinc compound 

Non-hazardous and other ingredients below reportable levels 

3. HAZARDS IDENTIFICATION 

Material Safety Data Sheet 

AC~®730 Class C Base 

MSDS No: 37303-07 

Effective: 01/27/09 

Supercedes: 09/20/04 

Page:1 of 6 > 

SIN #834-100 

HAZARD RATINGS 

• 

Health 

Fire 

Reactivity 

HMIS 

1* 

3 

0 

NFPA 

1 

3 

0 

* = Chronic 

CAS# 

471-34-1 

108-88-3 

Proprietary 

Proprietary 

Approximate % (w/w) 

15-20 

1-5 

1 - 5 

Balance 

EMERGENCY OVERVIEW: FLAMMABLE LIQUID AND VAPOR, INHALATION MAY CAUSE DIZZINESS, HEADACHE AND 

INCOORDINATION. INGESTION CAN CAUSE DIZZINESS, FAINTNESS, HEADACHE AND LOSS OF COORDINATION. 

MAY CAUSE RESPIRATORY TRACT IRRITATION. MAY CAUSE DIGESTIVE TRACT IRRITATION. INGESTION MAY 

CAUSE NAUSEA, VOMITING, PAIN, UPSET STOMACH, DIARRHEA. INHALATION MAY CAUSE NAUSEA, VOMITING, 

UPSET STOMACH. MAY CAUSE EYE IRRITATION. MAY CAUSE SKIN IRRITATION. PROLONGED OR REPEATED 

CONTACT MAY DRY SKIN AND CAUSE IRRITATION. See sections 3, 5, & 6. 

PRIMARY ROUTES OF EXPOSURE: Eye. Skin, Inhalation (breathing). 

EYE CONTACT: May cause slight to mild irritation. May cause corneal opacity (clouding of the eye surface). Can cause burning 

sensation, tearing, and redness. 

SKIN CONTACT: May cause slight to mild irritation. Prolonged or repeated contact may dry the skin and lead to irritation (i.e. 

dermatitis). 

INHALATION (Breathing): Irritating to the eyes, nose, and respiratory tract. Can cause dizziness, headaches, and loss of 

coordination. Nausea, vomiting, and stomach upset can occur. 

INGESTION (Swallowing): Irritating to the mouth, throat, and stomach. May cause nausea, vomiting, pain, and stomach upset 

(e.g., diarrhea). Can cause dizziness, faintness, headache, and loss of coordination. 

TARGET ORGANS/CHRONIC EFFECTS: Liver. Kidneys, Blood and/or blood-forming organs. Lungs and respiratory system. 

Eyes, Skin. 

CONDITIONS AGGRAVATED BY EXPOSURE: Liver. Kidneys. Blood and/or blood-forming organs. Lungs and respiratory 

system. Skin. 

CARClNOGENiCITY: 

Calcium carbonate 

Toluene 

Zinc compound 

ACGIH 

No 

No 

No 

lARC 

No 

No 

No 

NTP 

No 

No 

No 

OSHA 

No 

No 

No 

The Logo, A'C< TECH, and the AC-* ioso ars registered trademarits of Advanced Chemistry & Technology, Inc ^_.-— 

Complainants's Exhibit C-IZ 

Federal Express CP09GL0004 

-f y 
Material Safety Data Sheet 

. yv - C" • T E C H AC-®730 Class C Base 

MSDS No: 37303-07 

Effective: 01/27/09 

Supercedes: 09/20/04 

Page: 2 of 6 

4. FIRST AID MEASURES 

EYE CONTACT: Immediately flush eyes with plenty of water for at least 15 minutes. Get immediate medical attention if imtation 

persists. 

SKIN CONTACT; Immediately flush with water. Remove contaminated clothing and shoes. Get medical attention if irritation 

persists. Professionally wash clothing and shoes before re-use, 

INHALATION (Breathing): Remove to fresh air. If symptoms develop, seek immediate medical attention. If not breathing, give 

artificial respiration. 

INGESTION (Swallowing): Seek medical attention. Immediately induce vomiting, as directed by medical personnel. Never give 

anything by mouth to an unconscious person, 

NOTES TO PHYSICIANS; Treatment should be directed at preventing absorption, administering to symptoms (if they occur), 

and providing supportive therapy. 

5. FIRE FIGHTING METHODS 

Flash Point : 67°F (19.4°C) Method : Setaflash Closed Cup 

Explosive Lmts: LEL(%) Not Established UEL(%) Not Established 

Autoignition....: Not Established 

HAZARDOUS COMBUSTION AND DECOMPOSITION PRODUCTS: Smoke, soot, and toxic/irritating fumes (i.e., carbon 

dioxide, carbon monoxide, etc.). Formaldehyde and/or other aldehydes. Oxides of sulfur. Hydrogen sulfide. 

FIRE AND EXPLOSION HAZARDS; High temperatures can cause sealed containers to rupture due to a build up of internal 

pressure. Cool with water. Vapors can travel to a source of ignition (flame, electric motor, hot surface, cigarette, etc.) and 

flashback. During a fire, initating and highly toxic gases may be generated during combustion or decomposition. 

EXTINGUISHING MEDIA: SMALL FIRES: Dry chemical, carbon dioxide, halon, water spray, or foam. LARGE FIRES: Water 

spray, fog, or alcohol foam, 

FIRE FIGHTING PROCEDURES/EQUIPMENT: Fire fighters and others who may be exposed to the products of combustion 

should be equipped with NIOSH-approved positive pressure self-contained breathing apparatus (SCBA) and full protective 

clothing. 

6. ACCIDENTAL RELEASE MEASURES 

EVACUATION: Isolate hazard area. Keep unnecessary and unprotected personnel from entering. Eliminate all sources of 

ignition. 

CONTAINMENT: Safely stop discharge. Contain material, as necessary, with a dike or barrier. Stop material from 

contaminating soil, or from entering sewers or bodies of water. 

CLEAN-UP/PERSONAL PROTECTION EQUIPMENT: Appropriate safety measures and protective equipment should be used. 

Use supplied air respirator or self-contained breathing apparatus in enclosed spaces or if airborne exposure limits can be 

exceeded. See Section 8. 

COLLECTION AND DISPOSAL: Stop discharge, if safe to do so. Use proper protective equipment. Cover spills with absorbent 

clay or sawdust and place in closed chemical waste containers. Dispose of according to applicable local, state and federal 

regulations. 

REPORTING: Spills of this material in excess of a component's RQ must be reported to the National Response Center (1-800-

424-8802) and to the appropriate state and local emergency response organizations. 

Toluene RQ=1000LB 

The Logo, A'C* TECH, and the AC-* logo are registered trademarks of Advanced Chemistry & Technology, Inc 

• 7 ^ U 
Material Safety Data Sheet 

ACTECK AC-®730 Class C Base 

MSDS No; 37303-07 

Effective: 01/27/09 

Supercedes: 09/20/04 

Page: 3 of 6 

7. HANDLING AND STORAGE 

STORAGE CONDITIONS; Store In cool, dry, well ventilated area away from heat, ignition sources, and direct sunlight. Keep 

containers tightly closed, WARNING! Hot organic chemical vapors or mists can suddenly and without warning combust when 

mixed wflth air. Ignition can occur at typical elevated temperature process conditions. Any use in such processes should be 

evaluated thoroughly to assure safe operating conditions. 

TRANSFER; Containers should be supported and grounded before opening, dispensing, mixing pouring, and emptying. Open 

with non-sparking tools. If container is warm, open bung slowly to release internal pressure. 

PERSONAL HYGIENE: Wash thoroughly after handling, especially before eating, drinking, smoking, and using restroom 

facilities. Wash contaminated goggles face-shield, and gloves. Professionally launder contaminated clothing before re-use. 

EMPTY CONTAINER PRECAUTIONS: AttentionI This container hazardous when empty. Follow label wamings even after 

container is emptied since empty since container may retain product residues. Do not use heat, sparks, open flames, torches, 

cigarettes on or near empty container. Do not re-use empty container without professional cleaning for food, clothing, or 

products for human or animal consumption or where skin contact can occur, 

SPECIAL INSTRUCTIONS: See container and/or technical data sheet for instructions on use. 

8. EXPOSURE CONTROLS/PERSONAL PROTECTION 

EXPOSURE GUIDELINES: 

ACGIH - TLV 

Calcium cartDonate 10 mg/M^ Total dust 

Toluene 50 ppm 

Zinc compound 10 mg/M^ Total dust 

OSHA - PEL 

Calcium carbonate 5 mg/M^ Resp. dust 

Toluene 100 ppm 

Zinc compound 10 mg/M^ Total dust 

OSHA - STEL 

Toluene 150 ppm 

ENGINEERING CONTROLS/VENTILATION: Local exhaust ventilation Is recommended when vapors, mists, or dusts can be 

released in excess of established airborne exposure limits (TLVs or PELs). 

EYE PROTECTION; Wear chemical splash goggles or safety glasses with side shields. An eye wash facility should be readily 

available. 

SKIN PROTECTION: Wear rubber boots and apnsn, protective clothing, and impervious gloves. Because a variety of protective 

glovers exist, consult glove manufacturer to detemiine the proper type for a specific operation. 

RESPIRATORY PROTECTION: Avoid breathing vapor and/or mists. Wear NIOSH/MSHA-approved equipment. Determine the 

appropriate type by consulting the respirator manufacturer. High airborne concentrations may necessitate the use of selfcontained breathing apparatus (SCBA) or a supplied air respirator. Respiratory protection programs must be in compliance with 

29 CFR 1910.134. 

9. PHYSICAL AND CHEMICAL PROPERTIES 

Appearance: Beige Odor: Mercaptan 

Physical State: Liquid Solubility: Insoluble 

PH: Not Applicable Vapor Pressure: Not Applicable 

Vapor Density: Not Applicable Evaporation Rt.; Not Applicable 

VOC Material; Approximately 88 g/l (0.57 Ibs./gal) Specific Gravity; 1.41 

%Non-Vol (w/w): 94 

NOTE: The physical data presented above are typical values and should not be construed as a specification. 

The Logo, A-C' TECH, and the AC-* logo are registered trademarks of Advanced Chemistry & Technology, Inc 

i y 
AC-TECH. 

Material Safety Data Sheet 

AC-®730 Class C Base 

WISDS No: 37303-07 

Effective: 01/27/09 

Supercedes: 09/20/04 

Page:4 of 6 

10. STABILITY AND REACTIVITY 

CHEMICAL STABILITY; Stable under normal conditions of use. 

HAZARDOUS POLYMERIZATION: Will not occur. 

CONDITIONS TO AVOID; High temperatures. 

INCOMPATIBILITY WITH OTHER MATERIALS; Oxidizers. Reducers. Acids. Strong bases. 

11. TOXICITY INFORMATION 

COMPONENTS: 

Calcium cartDonate: 

Repeated exposure to dusts can lead to particulate deposition in the lungs (i.e., pneumoconiosis). 

Toluene: 

Oral LD50 Rat 5,000 mg/kg 

Dermal LD50 Rabbit 12,124 mg/kg 

Inhalation LC50 Mouse 5,320 ppm/S-Hours 

Zinc compound: 

May cause transient irritation to eyes and/or skin. 

12. ECOLOGICAL INFORMATION 

No data are available on this product. 

13. DISPOSAL CONSIDERATIONS 

DISPOSAL: When a decision is made to discard this material as supplied, it meets RCRA's characteristic definition of 

ignltagility. 

GENERAL STATEMENTS: Federal regulations may apply to ennpty container. State and/or local regulations may be different. 

GENERAL RECOMMENDATIONS: Of the methods of disposal currently available, it is recommended that an alternative be 

selected according to the following order of preference, based upon environmental acceptability: (1) recycle or rework, if 

feasible; (2) Incinerate at an authorized facility; or (3) treat at an acceptable waste treatment facility. 

SPECIAL INSTRUCTIONS: Be sure to contact the appropriate government environmental agencies if further guidance is 

required. 

14. TRANSPORT INFORMATION 

Weight (lb.) Shipping Name 49 CFR lATA IMO 

Resin solution Y Y Y 

DOT Label: Flammable Liquid UN/NA Id Number UN 1866 

Hazard Class: 3 (IATA/49CFR) 3.2 (IMO) USPS Mailabillty: No 

Packing Group: II 

For a two-compartment container that contains parts A and B. See above information. 

The Logo, A-C- TECH, and the AC-* logo are registered trademarte of Advanced Chemistiy & Technology, Inc 

H J ^ 
Material Safety Data Sheet 

,/^ , ^.Trp^L i AC-®730 Class C Base 

MSDS No: 37303-07 

Effective: 01/27/09 

Supercedes: 09/20/04 

Page: 5 of 6 

15. REGULATORY INFORMATION 

FEDERAL: 

This product is considered hazardous under the OSHA Hazard Communication Standard (29 CFR 1910.1200). 

SARA Title III - Section 311/312 - Hazard Categories: 

Y - Fire Hazard 

N - Sudden Release of Pressure Hazard 

N - Reactivity Hazard 

Y - Immediate (acute) Health Hazard 

Y - Delayed (chronic) Health Hazard 

Ozone-Depleting Chemicals - No regulated Ingredients. 

SARA Section 302 Extremely Hazardous Mat 

SARA Section 313 Toxic Chemicals 

Toluene 

Zinc compound 

Zinc compounds 

TSCA Section 8(d) Data Reporting Rule 

Toluene 

TSCA Section 12(b) Export Notification - None 

STATE RIGHT-TO-KNOW: 

Pennsylvania - New Jersey R-T-K 

Calcium carbonate 471-34-1 10-20 

Toluene 106-88-3 1-5 

Environmental Hazard. 

Zinc compound Proprietary 1-5 

Environmental and Special Hazard. 

Non-hazardous trade secret ingredient(s) Proprietary Balance 

California - California Proposition 65 

WARNING: This product contains a chemical(s) knovm to the State of California to cause cancer. 

Formaldehyde 50-00-0 <0.01* 

Cancer Hazard 

* Trace = present at less than 0.01 percent 

CONEG - No data available. 

CANADA: 

This is a "controlled product" under the Canadian Workplace Hazardous Materials Information System (WHMIS). 

Class B Division 2 Class D Division 2 Sub-division A 

Class D Division 2 Sub-division B 

CEPA - NPRI 

Toluene 

Zinc compound 

Zinc compounds 

The Logo, A'C* TECH, and the AC-* logo are registered trademaiks of Advanced Chemistry & Technology, Inc 

<4^^ 
Material Safety Data Sheet 

,/k.^.T|r^i | AC-®730 Class C Base 

MSDS No: 37303-07 

Effective: 01/27/09 

Supercedes: 09/20/04 

Page: 6 of 6 

16. OTHER INFORMATION 

USER RESPONSIBILITY; A bulletin such as this cannot be expected to cover all possible individual situations. As the user has 

the responsibility to provide a safe workplace, all aspects of an Individual operation should be examined to determine If, or 

where, precautions - in addition to those described herein - are required. Any health hazard and safety information herein 

should be passed on to your customers or employees, as the case may be. 

DISCLAIMER OF LIABILITY: The information contained herein is, to the best of our knowledge and belief, accurate. However, 

since the conditions of handling and use are beyond our control, we make no guarantee of results, and assume no liability for 

damages incurred by use of this material. All chemicals may present unknown health hazards and should be used with caution. 

Although certain hazards are described herein, we cannot guarantee that these are the only hazards which exist. Final 

determination of suitability of the chemical is the sole responsibility of the user. No representations or warranties, either 

expressed or implied, of merchantability, fitness for a particular purpose or any other nature are made hereunder with respect to 

the Information contained herein or the chemical to which the information refers. It is the responsibility of the user to comply with 

all applicable federal, state and local laws and regulations. 

End of Material Safety Data Sheet 

The Logo, A-C- TECH, and the AC-* logo are registered trademarks of Advanced Chemistry & Technology, Inc 

0^4^ 
Page 1 of 6 

Product Description: Materia l Safet y Dat a Shee t 

GAP-4 

GLASS ADHESION PROMOTE (GAP-L - IPA/Water/Silan e Mixti 

SILANE SOLUTION 

USE BY MM/DD/YY (18 MOS) 

Sectio n 1 : Manufacture r Identificatio n 

Manufactured By: Formula # 3 0N013N4C, 

Custom-Pak Products Inc . • Company Phone Number: (262) 251-S180 

Germantown, Wl 53022 ' 24 Hour Emergency: (800) 688-4005 

Foreig n Emergency: (01)(262) 236-8130 [USA] 

Dat e MSDS Printe d & Reviewed: 09/11/0 7 

Last Formula Revision. Date : 03/13/0 7 

MANUFACTURED BY: (C9999) 

CUSTOM-PAK PRODUCTS, INC. 

GERMANTOWN, Wl 5302 2 

Section 2: Composition/Information on Ingredients 

SARA 313 LISTED CARCINOGEN BYt 

# COMPONENT CAS# % by WT. LISTED NTP lARC OSHA 

1 ISOPROPYL ALCOHOL 67-63-0 90-99 N N N N 

2 DEIONIZED WATER 7732-18-5 8-10 N N N N 

Section 3: Hazards Identification 

Emergency Overview: WARNING! Flammable Liquid. 

Appearance/OdorJ CLEAR ATOMIZED MIST / SOLVENT ODOR 

Potential Health Effecta: See Section 11 for more information. 

Likely Routes of Exposuret Eye contact, skin contact, ingestion, and inhalation 

Eye: Can cause eye irritation, including stinging, tearing, redness, swelling, 

and blurred vision. 

Skin; Contact may dry skin causing cracks and irritation. It is unlikely that 

passage through skin will result in harmful effects during safe handling. 

Ingestion; Swallowing email amounts of this material during normal handling i.s not 

likely to cause harmful effects. Swallowing large amounts may be harmful. 

Inhalation; Breathing of vapor or mist is possible. Breathing small amounts during 

normal handling is not likely to cause harmful effects. Breathing large 

amounts may be harmful;. Symptoms usually occur at air concentrations that 

are higher than the recommended exposure limits (see Section 8). 

^o( \ Iff ^ 

Complainants's Exhibit C 

Federal Express CP09GL0004 

-13: ^ 
Page 2 oE 6 

Product Description: Materia l Safet y Dat a Shee t 

GAP-4 

GLASS ADHESION PROMOTE (GAP-L - IPA/Water/Silane Mixtu 

SILANE SOLUTION 

USE BY MM/DD/YY (18 MOS) 

Medical Conditions Aggravated by Exposure: * 

Asthma and other reispiratory ailments. 

Target Organs; Kidney Liver Lung Brain 

Reports have associated repeated and prolonged overexposure to solvents with 

permanent brain and nervous system damage. 

This material is considered hazardous by the OSHA Hazard Communication Standard 

(29 CFR 1910.1200) . 

Section 4: First Aid Measures 

Eye Contact: Immediately flush eyes with water for at least 15 minutes. If 

irritation develops get medical attention. 

Skin Contact: Remove contaminated clothing and wash before reuse. Wash skin with soap 

and water. Get medical attention if irritation develops. 

Inhalation: If symptoms develop, immediately move individual away from exposure and 

into fresh air. Seek immediate medical attention. If person is not 

breathing, begin artificial respiration. 

Ingestion; Do NOT induce vomiting. Get medical attention immediately. 

Section 5: Fire Fighting Measures 

Suitable Extinguishing Media; Alcohol foam, carbon dioxide, dry 

chemical. Water may be ineffective. 

Unsuitable Extinguishing Media; Water spray may be unsuitable. However, if water is 

used, fog nozzles are preferable. Water may be used to cool closed containers 

to prevent pressure build-up. 

Products of Combustion: These products are carbon oxides (C0,C02). 

Protection of Firefighters; Pull protective equipment including self-contained 

breathing apparatus should be used. Refer to the personal protective equipment 

section of this MSDS for additional information. 

Section 6: Accidental Release Measures 

Personal Precautions; Use personal protection recommended in Section 8. 

Environmental Precautions: None known. 
Page 3 of 6 

Product Description: Materia l Safet y Dat a Shee t 

GAP-4 

GLASS ADHESION PROMOTE (GAP-L - IPA/Water/Silane MixtU 

SILANE SOLUTION 

USE BY MM/DD/YY (18 MOS) 

Methods of Containment: Absorb spilled liquid in suitable material. "* 

Methods of Clean-up; Small spillr absorb liquid with absorbent material. Large spill: 

Stop spill at source. Prevent from entering drains, sewers, and other bodies of water 

Other Information: Ventilate the .area. 

Section 7; Handling and Storage 

Handling; 

Prevent buildup of vapors,- use with adequate ventilation. Keep from sparks, heat, 

flame or other heat sources. Keep container tightly closed v/hile not in use. 

Storage; 

Store in dry, well-ventilated area and in accordance with federal, state, and local 

regulations. Do not expose to heat or store at temperatures above 48 C (120 F) . 

If storing in cold temperatures, allov/ product to warm to room temperature before use. 

Section 8: Exposure Controls/Personal Protection 

Exposure Guidelines 

# COMPONENT ACGIH TLV-STEL ACGIH TLV-TWA OSHA PEL-TWA 

1 ISOPROPYL ALCOHOL N/E 400 ppm 400 ppm 

2 DEIONIZED WATER N/E 4 00 ppm N/E 

Engineering Controls; Provide ventilation to keep air contamination below OSHA permissible exposure limits and ACGIH TLV exposure limits. 

Eye/face Protection: Wear safety glasses with side shields. 

Skin Protection; Chemical resistant gloves if contact is likely. 

? ^ ^ 
Page 4 of 6 

Product Description: Materia l Safet y Dat a Shee t 

GAP-4 

GLASS ADHESION PROMOTE (GAP-L - IPA/Water/Silane Mixtu 

SILANE SOLUTION 

USE BY MM/DD/YY (18 MOS) 

Respiratory Protection: Use NIOSK-approved air-purifying respirator with organic* 

cartridge or canister for air spray application. 

General Hygiene Considerations; Wash thoroughly after handling. 

Section 9; Physical and Chemical Properties 

Color: see product description 

Odor: SOLVENT ODOR 

Phy,sical State: Liquid 

Freezing Point: Not applicable 

Boiling Range: 62 C (143 F) 

Flash Point: 71 F (21.7 C) 

Evaporation Rate: Slower than ether 

Upper Flammability Limit: Not established (mixture) 

Lower Flammability Limit: Not established (mixture) 

Vapor Pressure: 5.1 mm @2 0 C 

Specific Gravity: 0.805 ®15 C (60 F) 

Solubility (water): Negligible 

Section 10: Stability and Reactivity 

Stability: Stable. 

Conditions to Avoid: Keep away from heat, sparks, and flames. 

Incompatible Materials: Strong oxidizing agents. 

Hazardous Decomposition Products; by fire - Carbon Dioxide and Carbon Monoxide 

Possibility of Hazardous Reactions: Will not occur. 

^ ^ ^ 
Page 5 of 6 

Product Description: Materia l Safet y Dat a Shee t 

GAP-4 

GLASS ADHESION PROMOTE (GAP-L - IPA/Water/Silan e Mixtu 

SILANE SOLUTION 

USE BY MM/DD/YY (18 MOS) 

Sectio n 11 : Toxicologica l Informatio n '* 

# COMPONENT LD50 Ora l LDSO Dermal 

1 ISOPROPYL ALCOHOL K/E N/E 

2 DEIONIZED WATER N/E N/E 

See Section 3 for other acute effect information. 

Chronic Effects: Prolonged over-exposure to solvent ingredients in Section 2 may 

cause adverse effects to the liver, urinary, cardiovascular and reproductive 

systems. Reports have associated the repeated and prolonged occupational OVEREXPOSURE to solvents with brain and nervous system damage. The deliberate misuse 

by concentrating and inhaling the vapors may be harmful or fatal. 

Carcinogenicity; See Section 2 for additional information. 

Section 12: Ecological Information 

No data available. 

Section 13: Disposal Considerations 

Do not puncture, incinerate or place container in trash compactor. Dispose of this 

product in accordance with Federal, State, and Local regulations. 

<4^ 
Page 6 of 6 

Product Description: Materia l Safet y Dat a Shee t 

GAP-4 

GLASS ADHESION PROMOTE (GAP-L - IPA/Water/Silan e Mixt u 

SILANE SOLUTION 

USE BY MM/DD/YY (18 MOS) 

Section 14: Transportation Information •*• 

us DOT (Ground) --

Proper Shipping Name: ISOPROPYL ALCOHOL MIXTURE 

Hazard Class: Class 2.1 

US DOT (Air) --

Proper Shipping Name: ISOPROPYL ALCOHOL MIXTURE 

Hazard Class: Class 2.1 

lATA/ICAO (International Air) --

Proper Shipping Name: ISOPROYL ALCOHOL, FLAMMABLE LIQUID, n.o.s.; Class 3; UN1219; 

Packing Instruction: 910. FLAMMABLE LIQUID label & UN certified shipping carton needed 

IMDG/IMO (International Maritime - ocean) --

Proper Shipping Name: ISOPROPYL ALCOHOL MIXTURE; IMDG Class 2, Page 2102, UN1219, 

Packing Group II, Marine Pollutant: Yes, Storage E. 

No component of this product is listed as a Marine Pollutant (49 CFR 172,101, Appendix B). 

Section 15: Regulatory Information 

International Chemical Inventory 

TSCA: United States The components of this product are listed on the TSCA inventory. 

DSL/NDSL: Canada The components of this product are listed on the DSL inventory. 

AICS: Australia The components of this product are listed on the AICS inventory. 

Section 313 Toxic Chemicals 

See section 2. Chemicals marked with a "Y" are subject to the 

SARA reporting requirements under 4 0 cfr 3 72.45(c) (5) . 

Section 16: Other Information 

NFPA 704: National Fire Protection Association 

Health - 2 Fire - 3 Reactivity - 1 

0 = minimal hazard, 1 = slight hazard, 2 = moderate hazard, 3 = severe hazard, 

4 = extreme hazard 

This MSDS is based on information believed to be reliable and accurate. Because of 

changing reporting requirements and other variables it is impossible to guarantee 

the accuracy of the information contained in this document. It is the responsibility of the user to determine proper personal protection based on the actual 

condition of use and to comply with all Federal, State and Local laws and regulations. 

U ^ ? 
MATERIAL SAFETY DATA SHEET - COMPLIES WITH 29 CFR 1910-120 0 

FORMAT B/KP «***.«»«»•...» » SECTION I »n••*»«**«»«* • DATE PRINTED-03/05/04 REVISED-09/2e/0 1 

MANUFACTURERS NAME: CUSTOM-PAK PRODUCTS, INC, 

N H 8 W18981 BUNSEN DRIVE 

GERMANTOWN, Wl 5302 2 

INFORMATION TELEPHONE: (262) 251-618 0 

MANUFACTURERS CODE I.D. : 3ON0O(lN-4 

PRODUCT CLASS; BRUSH DOTTLE, 1/2 OZ 

PRODUCT DESC: GAP-4 

SILANE SOLUTION 

24 HB TRANSPORTATION EMERGENCY TELEPHONE: 1-800-68B-400 5 

FOR ElffiRGEKCY TRANSPORTATION ISSUES REFEREHCE 3OSO0W-4 USE BY XX/XX/XX 

HMIS INFORMATION: 

HEAbrJf 1 

FLAW«BI1ITV. .. 3 

REACTIVITY 0 

PROTECTIVE EQ..X 

C9999 

********* *•**'** SECTION II - HAZARDOUS ING.=IEDIENTS 

INGREDIENT 

VOIATILE 

% LEL 

BY WEIGHT 

VAPOR PRESSURE 

mm Hg. e20C 

OSHA 

PEL-PPM 

ACGIH 

TLV-PP.M 

SARA 313 

LISTED 

LISTED CARCINOGIN 

NTP lARC OSHA 

ISOPROPANOL 99« USP GRAD 67-63-0 

WATER(PURIflED) 7732-18-5 

ORGAKOSILOXANE 2530-83-8 

METHYL ALCOHOL 67-56-1 

70-8 1 

30-3 6 

.01- 1 

<Q. l 

2 . 0 

N/A 

NE 

6 . 0 

33, 0 

N/A 

NA 

96. 0 

4 00 

N /A 

KE 

N /A 

400 

N/A 

NE 

200 

N 

N Si- N N 

N gj' ' ^ N 

Y i ? Hisjk N 

**ic4- * ^**1f*** \ " SECTION 111 - PHYSICAL DATA *•»'*»»«<•*«**• » 

BOILING RANGE: 18OF t o 212F % VOLATILE BY VOLUME: 100.0 0 VAPOR DEDSITY: Heavie r ;;Ait APPEARANCE; Clea r 

WEIGHT PER GALLON; 6.99 3 WATER SOLUABLITY: Complet e ODOR: Alcoho l Odor EVAPORATION''!^;: Slowa r Than Ethe r 

. |^% F '^^ ^ 

.•n,*,»..«.»*.»«SECT10 N IV - FIRE AND EXPLOSION HAZARD '*" "'*'' ^te!- '^•s*-

DOT PROPER SHIPPING NAME: Consumer Commodity ID NO.: N/A HAZARD CLASS': ORM-D -A. 

PACKAGE GROUP: N/A LABEL REQUIREMENT; ORM-D Consumer CommtjifcBC^te. ^U . 

EXTINGUISHING MEDIA: Use (NFPA) CLASS B extinguisher, C02 or foam. LEL: Stee Septij* Ii 

UNUSUAL FIRE AND EXPLOSION HAZARDS; Pressure build up due to heat €;^0ji^re i^&^il^'e containers to explode. 

Water may be used to cool ruptupfe'd c^<K^ILaii^rV.^ 

SPECIAL FIRE FIGHTING PROCEDURES: Fight fire from safe diatan^^^feiar full^rotectlve equipment, 

including self-contained kjjg^thi^l^ear. 

FLASH POINT: 53F 

ij^-
30N004N-4 MATERIAL SAFETY DATA SHEET 03/05/04 

•••******* SECTION V - HEALTH HAZARD DATA »•»*•»•• 

EFFECTS OF OVEREXPOSURE: (ACUTE) Anesthetic effect. Irritation of the respiratory tract or acute nervous system depression 

characterized by headache, dizziness, staggering gait, confusion, unconsciousness or coma. EYE Contact may cause 

redness, irritation, tearing, and blucred vision. SKIN Contact may dryakin causing craclcs and irritation, 

INGESTION Swallowing small amounts of this material during normal handling is not likely to cause harmful effects. 

Swallowing large amounts may be harmful or fatal. 

(CHRONIC) Reports have associated repeated and prolonged occupational overexposure to solvents with liver, kidney, brain 

and nervous system damage. Intentional misuse by deliberately concentrating and inhaling the contents may be harmful 

or fatal, ~* 

MEDICAL CONDITIWS PRONE TO AGGRAVATION BY EXPOSURE: Asthma and other respiratory ailments. Chemical sensitization. 

PRIMARY ROOTE(S) OF ENTRY: (XI DERMAL (X) INHALATION (X) INGESTION (X) ABSORPTION 

EHERGENCY AND FIRST AID PROCEDURES; VAPORS Remove from exposure. Administer .Oxygen if necessary. Call a physician . 

EYES Immediately flush eyes with water for a t least 15 minutes. Get medical attention . SKIN Remove contaminated 

clothing and shoes. Wash contac t are a with soap and water. Wash clothing and shoes before reuse . INGESTION Drink 1 or 

2 glasse s of water to dilute . Do not Induce vomiting. Consult physician o r Poison Control Centei^yTimediately. 

,*»*«,*«.***.* * SECTION VI - REACTIVE DATA *«••*»•**»••**•* ^^^l fHi l 

STABILITY; STABLE (X) UNSTABLE { ) . HAZARDOUS POLYMERIZATION; MAY OCCUR { 1 WILL NOT OCCUR (X) 

CONDITIONS TO AVOID: High temperatures and open flames, INCOMPATIBLE MATERIALS TO AVOID: Unknown 

HAZARDOUS DECOMPOSITION PRODUCTS: Carbon dioxide Carbon monoxide 

**•»<*»...*.«.« SECTIW VII - SPILL OR LEAR PROCEDURE 

STEPS TO BE TAKEN IN CASE MATERIAL IS SPILLED OR RELEASED: Eliminate al l ignitio n sources. J^,^ide ventilation . Collect 

spills with absorbent materials and non-sparking tools. See Section VIII fo r prote^gj:^ . equl^feej' 

WASTE DISPOSAL METHOD: Dispose of in accordance with Federal, Stat e and Local xeguX^^OnS^^^Do H&^^ncinerate containers. 

* * *:*tt*1. * ****** SECTION Vril - SPECIAL PROTECTION INFORMATION/ • *,*** 4 .1 ******* * 

RESPIRATORY PROTECTION: In open areas with unrestricted ventilation, an NlOSg 

airborne particles of overspray may be used if prolonged and repeated exn 

ventilation the use of an approved chemical/mechanical filter designed tg 

recomnended. 

VENTILATION: Supply sufficient ventilation to keep air contaminant concenti| 

PROTECTIVE GLOVES; Use protective gloves if contact with product iSjJaBj 

OTHER PROTECTIVE EQUIPMENT: Safety glasses to prevent eye contact.^^^'"•!§;,, 

HYGIENIC PRACTICES: Wash hands before eating or using washroom. 1 ~'^4S-;c. 

******». .**  SECTION IX - ^COTfeRECAOnONS 

' " " • ^ ^ ^^^ ^ * * 

PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING: Do not sto«^p area^'^jibove 120F or near tire or open flame. When storing 

large quantities, storage conditions should comply witb^..OSHj^^0.106. This product complies with the Toxic Substances 

control Act (TSCA) 4 0 CFR 700-799 and the Canaan Q^^^sus S^^tance List (DSL) , 

OTHER PRECAUTIONS: Prevent prolonged or repeate^fee^hing"^|^vapW^or spray mist. Do not take Internally. Keep out 

of reach of children. Use with adequate ventilifl|^" 

l^ed respirator to remove solid 

li?:^^. In areas with restricted 

fremg^ both'fiartlcles and organic vapors is ^ w 

l-on balpw current OSHA (PEL) or ACGIH (TLV). 

******** 

#^fe& 

w 

Frrfi y 
DOWCORNING DOW CORNING CORPORATION 

Material Safety Data Sheet 

Page: 1 of 8 

Version: 1.8 

Revision Date: 2008/06/02 

DOW CORNiNOCP 245 f=LUti? 

l^lEPt^lJ^GiiltaNI OF THE SUiSTlNGE JINEf OF THg QOjMP^Y 

Dow Corning Corporation 

South Saginaw Road 

Midland, Michigan 48686 

24 Hour Emergency Telephone: (989) 496-5900 

Customer Service: (989) 496-6000 

Product Disposal Information: (989) 496-6315 

CHEMTREC: (800) 424-9300 

MSDS No.: 01645196 Revision Date: 2008/06/02 

Generic Description: Silicone 

Pliysical Form: Liquid 

Color: Colorless 

Odor: Odorless 

NFPA Profile: Health 0 Flammability 2 Instability/Reactivity 0 

Note: NFPA = National Fire Protection Association 

a;iHAz^csifpgNT(Ffcit(oN^ 

POTENTIAL HEALTH EFFECTS 

Acute Effects 

Eye: 

Skin: 

Inhalation: 

Oral: 

Direct contact may cause temporary redness and discomfort. 

No significant irritation expected from a single short-term exposure. 

No significant effects expected from a single short-term exposure. 

Low ingestion hazard in normal use. 

Prolonged/Repeated Exposure Effects 

Skin: No known applicable Information. 

Inhalation: No known applicable information. 

Oral: No known applicable information. 

Signs and Symptoms of Overexposure 

No known applicable information. 

Medical Conditions Aggravated bv Exposure 

No known applicable information. 

The above listed potential effects of overexposure are based on actual data, results of studies perfomied upon similar compositions, 

^ 

Complainants's Exhibit C-14 

Federal Express CP09GL0004 

I »" 
DOWCORNING DOW CORNING CORPORATION 

Material Safety Data Sheet 

Page: 2 of 8 

Version: 1.8 

Revision Date; 2(3t)8/06/02 

DOW CORNING(R) 245 FLUID 

component data and/or expert review of the product. Please refer to Section 11 for the detailed toxicology information. 

E^SSSSiilllM^KE^eigSEMfSiSj lENtS 

CAS Number Wt% Component Name 

541-02-6 >60.0 Decamethylcyclopenfasiloxane 

The above components are hazardous as defined in 29 CFR 1910.1200, 

i4iaaBSTiia©5«imASUeiS;:.vw;.;::>;:;;.v.v^^ 

Eye: 

Skin: 

Inhalation: 

Oral: 

Notes to Physician: 

Immediately flush with water. 

No first aid should be needed. 

No first aid should be needed. 

No first aid should be needed. 

Treat symptomatically. 

;$..F^Rg#!GHT«NG:lEASOR^S/•^••-^••••/::^•.• ••• •••••:••-•-

Flash Point: 

Autoignition Temperature: 

Flammability Limits in Air: 

Extinguishing Media: 

Fire Fighting Measures: 

Unusual Fire Hazards: 

170,6 °F / 77 °C (Tag Closed Cup) 

171 "F / 77.2 "C (Cleveland Open Cup) 

737.6 °F/392 °C 

Lower Limit: 0.70% 

On large fires use dry chemical, foam or water spray. On small fires use carbon dioxide 

(C02), dry chemical or water spray. Water can be used to cool fire exposed containers. 

Self-contained breathing apparatus and protective clothing should be worn in fighting large 

fires involving chemicals. Determine the need to evacuate or isolate the area according to 

your local emergency plan. Use water spray to keep fire exposed containers cool. 

None. 

m S^E^OH ?tffiES 

•z 

Q' A' ' 
DOWCORNING DOW CORNING CORPORATION 

Material Safety Data Sheet 

Page: 3 of 8 

Version; 1,8 

Revision Date: 2068/06/02 

DOW C0RNINGiP) 245 FtU e 

Containment/Clean up: Determine whether to evacuate or isolate the area according to your local emergency plan. 

Obsen/e all personal protection equipment recommendations described in Sections 5 and 8. 

For large spills, provide diking or other appropriate containment to keep material from 

spreading. If diked material can be pumped, store recovered material in appropriate 

container. Clean up remaining materials from spill wnth suitable absorbant. Clean area as 

appropriate since spilled materials, even in small quantities, may present a slip hazard. Final 

cleaning may require use of steam, solvents or detergents. Dispose of saturated absorbant or 

cleaning materials appropriately, since spontaneous heating may occur. Local, state and 

federal laws and regulations may apply to releases and disposal of this material, as well as 

those materials and items employed in the cleanup of releases. You will need to determine 

which federal, state and local laws and regulations are applicable. Sections 13 and 15 of this 

MSDS provide information regarding certain federal and state requirements. 

Note: See section 8 for Personal Protective Equipment for Spills. Call (989) 496-5900, if additional information is 

required. 

^a^JNPH^G AND StOttAOr 

Use with adequate ventilation. Avoid eye contact. 

Static electricity will accumulate and may ignite vapors, Prevent a possible fire hazard by bonding and grounding or inert 

gas purge. Keep container closed and away from heat, sparks, and flame. 

Component Exposure Limits 

CAS Number Component Name 

541 -02-6 Decamethylcyclopentasiloxane 

Engineering Controls 

Exposure Limits 

Dow Corning guide; TWA 10 ppm. 

Local Ventilation: 

General Ventilation: 

Recommended. 

Recommended. 

Personal Protective Eoulpment for Routine Handling 

Eyes: Use proper protection - safety glasses as a minimum. 

Skin; Washing at mealtime and end of shift is adequate. 

Suitable Gloves: Handle in accordance with good industrial hygiene and safety practices. 

Inhalation: No respiratory protection should be needed. 

-f ^ 
DOWCORNING DOW CORNING CORPORATION 

Material Safety Data Sheet 

Page: 4 of 8 

Version: 1.8 

Revision Date: 2098/06/02 

DOW CORNIN0(R^?4|5; j^LUiP 

Suitable Respirator: None should be needed. 

Personai Protective Egulpnrient for Spills 

Eyes: 

Skin: 

Inhalation/Suitable 

Respirator: 

Use proper protection - safety glasses as a minimum. 

Washing at mealtime and end of shift is adequate. 

No respiratory protection should be needed, 

Precautionary Measures: Avoid eye contact. Use reasonable care. 

Note: These precautions are for room temperature handling. Use at elevated temperature or aerosol/spray applications may require 

added precautions. For further information regarding aerosol inhalation toxicity, please refer to the guidance document regarding the 

use of silicone-based materials in aerosol applications that has been developed by the silicone Industry (www.SEHSC.com) or contact 

the Dow Coming customer service group. 

a^iPM^iCjL JMsH^iGtiEWlKiAU j»ROPERT(E$ 

Physical Form: Liquid 

Color; Colorless 

Odor: Odorless 

Specific Gravity @ 25°C: 0.95 

Viscosity: 3.8mm2/s 

Freezing/Melting Point: -44 "C 

Boiling Point 211 °C 

Vapor Pressure @ 25''C: 0.015 kPa 

Vapor Density: Not determined, 

Solubility in Water: < 0.05 mg/L 

pH: Not determined. 

Volatile Content: Not determined. 

Flash Point; 170.6 °F / 77 "C (Tag Closed Cup)171 °F / 77.2 °C (Cleveland Open Cup) 

Autoignition Temperature: 737.6 °F / 392 °C 

Flammability Limits in Air: Lower Limit; 0.70 % 

Note; The above information is not intended for use in preparing product specifications. Contact Dow Corning before writing 

specifications. 

hflai^iAcyniiTf^ 

Chemical Stability: 

Hazardous 

Polymerization: 

Conditions to Avoid: 

Stable. 

Hazardous polymerization will not occur. 

None. 

Yf &-
DOWCORNING DOW CORNING CORPORATION 

Material Safety Data Sheet 

Page: 5 of 8 

Version: 1,8 

Revision Date: 2068/06/02 

laPW <5C»RN1NG(R) 240 R ^ 

Materials to Avoid: Oxidizing material can cause a reaction. 

Hazardous Decomposition Products 

Thermal breakdown of this product during fire or very high heat conditions may evolve the following decomposition 

products: Carbon oxides and traces of incompletely burned carbon compounds. Silicon dioxide. Formaldehyde, 

II^TQXtGOi^Qteii. INFORMATION 

Acute Toxicology Data for Product 

Inhalation LC50; 

Species 

Rat 

Test Results 

8.67 mg/L 

Type of Test 

4hr dust/mist 

Component Toxicology Information 

Recent results from a 2 year repeated vapour inhalation exposure study to rats of decamethylcyclopentasiloxane (D5) 

indicate effects (uterine endometrial tumors) in female animals, These effects, which have been shown to be rat-specific, 

occur at the highest exposure dose (160 ppm) only, a level that greatly exceeds typical workplace or consumer 

exposures. Industrial, commercial, or consumer uses of products containing D5 do not represent a risk to humans. 

Special Hazard Information on Components 

No known applicable Information. 

m 

Environmental Fate and Distribution 

Air: 

Water: 

Soil; 

Environmental Effects 

Toxicity to Water 

Organisms: 

Low molecular weight volatile siloxanes in air are degraded by reaction with hydroxyl radicals, 

wrfiich is the dominant degradation process for most chemicals in the atmosphere. 

Low molecular weight volatile siloxanes have very low water solubility and evaporate to air. 

Low molecular weight volatile siloxanes in soil are removed by several simultaneously 

occurring processes including volatilization, hydrolysis, and clay-catalyzed degradation, 

This product is volatile and has a very short half life in the aquatic environment and therefore 

does not present a risk to aquatic organisms. 

Toxicity to Soil Organisms: Due to its volatility, this product is unlikely to t>e found in the terrestrial compartment. 

5 ^ ^ 
DOWCORNING DOW CORNING CORPORATION 

Material Safety Data Sheet 

Page: 6 of 8 

Version: 1.8 

Revision Date: 2008/06/02 

CORNf lSI(3(rp^ IH4l|i| 

Bioaccumulation; Low molecular weight volatile siloxanes bioconcentrate in fish exposed under controlled 

laboratory conditions that are not representative of conditions found in the environment. 

Fate and Effects In Waste Water Treatment Plants 

Low molecular weight volatile siloxanes are efficiently removed (>90%) during wastewater treatment wnth approximately 

equal amounts going to the atmosphere and the sludge. Low molecular weight volatile silox&nes in treated wastewater 

effluent will be bound to particulate matter because of very low water solubility. 

Ecotoxicity Classification Criteria 

Hazard Parameters (LC50 or EC50) 

Acute Aquatic Toxicity (mg/L) 

Acute Terrestrial Toxicity 

High 

<=1 

<=100 

Medium 

>1 and <=100 

>100 and <= 2000 

Low 

>100 

>2000 

This table Is adapted from 'Environmental Toxicology and Risk Assessment", ASTM STP 1179, p,34,1993. 

TtMS table can be used to classify ttie ecotoxicity of this product wrfien ecotoxicity data is listed above. Please read ftie other information presented in the 

soctlon concerning the overall ecological safety of this materietl, 

-jii3;;MSi:^6Sf!pg sIJEEHiMi (NS 

RCRA Hazard Class <40 CFR 261) 

When a decision is made to discard this material, as received, is it classified as a hazardous waste? No 

State or local laws may impose additional regulatory requirements regarding disposal.Call (989) 496-6315, if additional 

information is required. 

14e;mjlM^Sl?QRyiNI^CPlOT0N^ 

DOT Road Shipment Information (49 CFR 172.101) 

Proper Shipping Name: Combustible liquid, n.o.s. 

Hazard Technical Name: Cyclosiloxane 

Hazard Class: 

UN/NA Number: 

Packing Group: 

Hazard Label(s): 

Remarks; 

Ocean Siiloment (IMDG) 

Not subject to IMDG code. 

C 

NA1993 

III 

None 

Above applies only to containers over 119 gallons or 450 liters. 

Cc^S 
DOWCORNING DOW CORNING CORPORATION 

Material Safety Data Sheet 

Page: 7 of 8 

Version: 1.8 

Revision Date: 2068/06/02 

0OW CQRNINq(R) 245 FLMIP 

Air Shipment (lATA) 

Not subject to lATA regulations. 

Call Dow Corning Transportation, (989) 496-8577, if additional information is required. 

i^^fi^ut-ATQFhfiNPofflM/ivnM^ 

Contents of this MSDS comply with the OSHA Hazard Communication Standard 29 CFR 1910.1200. 

TSCA Status: All chemical substances in this material are included on or exempted from listing on the TSCA 

Inventory of Chemical Substances. 

EPA SARA Title III Chemical Listings 

Section 302 Extremely Hazardous Substances (40 CFR 355): 

None. 

Section 304 CERCLA Hazardous Substances (40 CFR 302): 

None. 

Section 311/312 Hazard Class (40 CFR 370): 

Acute: No 

Chronic; No 

Fire: Yes 

Pressure: No 

Reactive: No 

Section 313 Toxic Chemicals (40 CFR 372): 

None present or none present in regulated quantities. 

Note: Chemicals are listed under the 313 Toxic Chemicals section only if they meet or exceed a reporting threshold. 

Supplemental State Compliance Information 

California 

Warning: This product contains the following chemical(s) listed by the State of California under the Safe Drinking Water 

and Toxic Enforcement Act of 1986 (Proposition 65) as being known to cause cancer, birth defects or other 

reproductive hamn. 

None known. 

Massachusetts 

No ingredient regulated by MA Right-to-Know Law present. 

7y K 
DOWCORNING DOW CORNING CORPORATION 

Material Safety Data Sheet 

Page: 8 of 8 

Version: 1.8 

Revision Date: 2008/06/02 

m m CORNINCSP) 245 FLUID 

New Jersey 

PAS Number 

541-02-6 

None 

Pennsylvania 

CAS Number 

541-02-6 

None 

W t % 

>60.0 

<=4.0 

W t % 

>60.0 

<=4.0 

Component Name 

Decamethylcyclopentasiloxane 

Dimethylcyclosiloxanes 

Component Name 

Decamethylcyclopentasiloxane 

Dimethylcyclosiloxanes 

^fc Of HER INPORWAHQM 

Prepared by: Dow Corning Corporation 

These data are offered in good faith as typical values and not as product specifications. No warranty, either expressed or 

implied, is hereby made. The recommentjed industrial hygiene and safe handling procedures are believed to be generally 

applicable. However, each user should review these recommendations in the specific context of the intended use and 

determine whether they are appropriate, 

(R) indicates Registered Trademark 

9--/ <r 

O l 
Express 

NON-RADIOACTIVE 

Dangerous Goods 

Acceptance Checklist - 2009 

The continued offering of non-compliant dangerous goods packages may result in the 

embargo of your dangerous goods shipments by FedEx Express. 

Page 1 of 3 

NON-RADIOACTIVE 

Returned to shipper using DOT-SP 14691 

Due to the regulatory discrepancies indicated, your shipment 

cannot be transported by FedEx. 

Tracking Number. 

Date 

Inspected By . 

Emp# 

For Dry Ice shipments, refer only to the shaded items (e.g., 1). 

1. • If International shipments (Fomi 400 series), ensure SRO 

Shows "O" designation, 

2. D If 023 alrwaybtlls, conect statement(s) In the Handling 

infonrtation box, as appropriate. [8.2.1; 8.2.3] 

3. D Complies with all applicable government and FedEx variations. 

[2.9.2; 2.9.4] 

4. If FedEx Express Lithium Battery Part 1 label (A45) is used: 

4a. D Shipper must be on the FedEx Express Part 1 (A45) 

Preapprovai list. [FX-10] AND 

4b. D A correctly completed lATA Lithium Battery Label must be on 

the package. [7.4.8] 

5. D IHazardous waste is prohibited. [LISG-04; FX-05] 

6. D UN 1001, UN 1162, UN 1308 (pacldng group i), and UN 1873 

are prohibited. [FX-15] 

7. D Special Provision A2 (column M) prohibited even with competent 

authority approval. [FX-16] 

The following must be on the Declaration and paci<age: 

(Refer to lATA DGR 8.1.6.9.1 for allowed sequence on Declaration only) 

8a. n UN or ID number, preceded by the prefix "UN" or "ID", is on the 

Declaration. [8.1.6.9.1, Step 1] 

8b. D UN or ID number, preceded by the prefix "UN" or "10", is marked 

on the package. (7.1,5,1 {a)J 

9a. D Proper shipping name (for ' ^ entries, the technical name in 

parentheses, or the word "SAMPLE") is on the Declaration. 

For UN 2814 or UN 2900, technical name or "suspected category 

A infectious substance" in parentheses, is on the Declaration. 

[4.1.2.2; 8.1.6.9.1, Step 2; A140] 

9b. D Proper shipping name (fbr "k entrte», tfva technical name In 

parentheses, or the werd "SAMPLE') Is rharked on the package. 

' 14.1.2.2; 7.1.5.1 {a>l , : 

10a. D Shipper and consignee name and address are on the 

Declaration. May differ from that on the airbill [8.1.6.1; 6.1.6.2] 

10b. D Shipper and consignee name and address are marked on the 

package. (7.1,5.1,(5)] 

11a. D "RQ", if indicated as a package marking, must be on the 

tJeclaration. [2.9.2; USG-04] 

11b. n "RQ", If indicated on the Declaration, must be marked on the 

package. [2.9.2; USG-04] 

12a. D DOT-E or DOT-SP approval number on the Declaration when 

shipped as a DOT exemption or special pemiit. 

12b. D DOT-E or DOT-SP approval number is marked on the package, 

if required. 

12c. D A copy of the DOT-E or DOT-SP letter must travel with the 

shipment, if required. 

13. If Special Provision A20 is shown in the Blue Pages: 

13a. D A statement similar to that shown in the Additional Handling block 

of Fig. 8.1 .E must be on the Declaration. [A20] 

13b. D The Keep Away From Heat label must appear on the package. 

[A20] 

On the Declaration Only: 

Tracking number, airport/city of departure, and destination may be 

completed by the shipper or the Dangerous Goods Specialist. There must 

be at least 3 copies in English. 2 copies must have red hatchings. 

[FX-14] 

14. D Typewritten or computer generated. [FX-12] 

15. D Page of Pages. [8.1.6.4] 

16. D Passenger and Cargo Aircraft or Cargo Aircraft Only 

limitations correctly indicated. [8.1.6.5] 

17. D Radioactive deleted. [8.1.6.8] 

18. D Class or Division number(s), and when Class 1 is indicated, 

Compatibility Group letter must be included, matching column C. 

[8.1.6.9.1, Step 3] 

19. D Subsidiary Rlsk(s), if applicable, in parentheses, immediately 

following class or division, matching column C. [8.1.6.9.1, Step 4] 

20. D Packing group, when applicable (e.g., I, II or III), matching 

column E. If "SAMPLE" is used in place of the technical name, 

the shipper must select the most restrictive packing group for the 

proper shipping name. [3.11.1; 8.1.6.9.1, Step 5] 

21. D Number of packages and type of packaging (e.g., 1 fibreboard 

box, 1 box fibreboard, or 1 4G fibreboard box). 

[8.1.6.9.2, Step 6 (a)] 

22. D Net quantity or gross weight (G) per package (in metric units) 

as allowed per the Packing Instruction, Special Provision, or 

DOT Special Permit, if applicable. [8.1.6.9.2, Step 6 ] 

23. D Packinginstructionnumber(e.g., 307orY419). Ensureall 

further requirements of the packing instruction have been met. 

[8.1.6.9.3, Step 8] 

24. D Name, title, place, date, and shipper's signature. Signature 

may be typewritten for US domestic shipments, including US 

Territories, [8.1.6.13; 8.1.6.14; 8.1.6.15] 

25. D 24-hour emergency response telephone number; no beepers 

or pagers (not required for LTD QTY, or UN 1845, UN 2807, 

UN 2857, UN 2969, UN 3166, UN 3171, UN 3358, or ID 8000). 

[USG-121 

26. D Shipper's same signature next to amendments and alterations 

(changes). [8.1.2.6] 

27. n If UN 3268 or UN 0603, the EX number, CA number, or Product 

Code on the Declaration. [USG-05J 

28. D lfUN1796,UN1826,orUN2031,Acidconcentrationis40%or 

less and indicated. [FX-04J 

29a. D If UN 2315 or UN 3432, packaging used is acceptable per FX-06. 

29b. D If UN 3077 or UN 3082 with a technical name of polychlorinated 

biphenyls (PCBs), packaging used is acceptable per FX-06. 

30. D If UN 3090, shipper must be on the FedEx Express FullyRegulated Lithium Battery Preapprovai list. [FX-10] 

31. n "I DECLARE THAT ALL OF THE APPLICABLE AIR 

TRANSPORT REQUIREMENTS HAVE BEEN MET" must 

appear in the additional handling infonnation section or at the 

end of the certification statement. [8.1.6.12.2; 8.1.7] 

On the Package Only: 

$2.. 0 Racki^ets In good «pnditlpn, large wiough, and fr^i^ of leaiKage„ 

octor^ or jsxtafnal'tfam^ge, ifttdBcbranijled packaging, including 

FedEx brown boxes, must not be used! [S.0.'1.2; 8.13; f^X-11] 

33. D Package is permitted by the Packaging Instruction number. 

Handwritten © specification maridngs are unacceptable. 

(Section 5; 6.0.4] 

34. D If (S) packaging, strength rating (X, Y, or Z) corresponds with the 

packing group (X for PG I, II, or III; Y for PG II or III; or Z for PG 

III only; unless further limited by the packing Instruction, 

Special Permit, or Special Provision. [6.0.4.2 (c)] 

35. D Prtmary tiaxsnl lalwl, matching column D, The tiazar^i label 

must be «n same surface as the propter shipping natttd nti^ridftQ 

when package dlineristans are adequate. (?.2id.1; 7.24,2] 

Page 1 of 3 f ^ 

^ ^ 
Express 

NON-RADIOACTIVE 

Dangerous Goods 

Acceptance Checklist - 2009 

The continued offering of non-compliant dangerous goods packages may result in the 

embargo of your dangerous goods shipments by FedEx Express. 

Page 2 of 3 

NON-RADIOACTIVE 

On the Package Only (continued.): 

36. D Subsidiary risk iabei(s), matching column D. The subsidiary 

risk label, when required, must be adjacent (not opposite side) to 

the primary hazard label. [7.2.3.2; 7.2.6.2.3] 

37. D If diy Ice, the net weight (in metric units) written on the package. 

[7.1.5.1 (e)l 

38. D Cargo Aircraft Only label, when required, must be affixed 

on the same surface of the package near the primary hazard 

label(s). [7.2.4.2; 7.2.6.3] 

39. D If liquids in combination packages (including All Packed In 

One) and overpacks, two package orientation labels (up arrows) 

on opposite sides (not required for Class 3 if inner receptacles 

are 120 mL or less and Division 6.2 if inner receptacles are 50 

mL or less). [7.2.4.4] 

40. O Lebela cprrectiy applied, not obscured, not covering required 

markings; irrelevant markings, labels removed or obliterated, 

[7.1.1; 7.1.11; 7.1.3.2; 7.2.1; 7.2.4.6; 7.2.5; 7.2.6] 

Limited Quantity or LTD QTY: 

41a. D "LIMITED QUANTITY" or "LTD QTY" is in the Authorization 

column on the Declaration when a "Y" packing instruction is 

used. [8.1.6.9.4, Step 9 (a)] 

41b. D "LIMITED QUANTITY" or "LTD QTY" is marked on the package 

(not required for overpacks). [7.1.4,1; 7.1.5.3] 

41c. D Gross Weight of the completed package may not exceed 

30 kg (66 lb). [2.8.4.2] 

Explosives (Class 1): 

If 023 Air waybill, requires prior FedEx approval (prior KIAC booking) 

[FX-01]. 

42. D Shippers of Fireworks 1.4G and Fireworks 1.4S must be on the 

FedEx Express Firewori<s Preapprovai list. 

43. Approval number (not required for ammunition, including 

Cartridges, Small Amns). [8.1.6.9.4, Step 9; USG-051 

43a, D If DOT-E or DOT-SP, approval number on the Declaration, and a 

copy of the DOT-E or DOT-SP letter is attached, if required. OR 

43b. D If CA or EX, approval number is either on the Declaration, or on 

the package (or both). A copy of the Approval document is not 

required. 

44. D Compatibility Group letter for explosives on the primary hazard 

label, [7.2.3.3 (b)] 

45. D Net quantity and Gross weight (G) (In metric units) are on the 

package. [7.1.5.1 (c)] 

46. D If Packing Instruction 101 is used, a Competent Authority 

statement similar to that shown in the packing instruction must be 

on the Declaration, 

Gases (Class 2): 

Labels of reduced size may be affixed to the shoulder of a cylinder. 

47. D If the outer package is a compressed gas cylinder, the 

specification markings must be stamped, engraved, or etched, if 

applicable. [6.4.2.1.1] 

48. If using Packing instruction 202, then the following is required: 

48a. D Cryogenic Liquid handling label. [7.2.4.3] 

48b. D The words "DO NOT DROP - HANDLE WITH CARE" on the 

package. [7.1.5.1 (g)] 

48c. D "KEEP UPRIGHT" must be at 120-degree intervals around a 

cylinder or on each side of a package. [7.1.5.1 (g)] 

48d. D Package orientation labels (Up arrows). [7.1.5.1 (g)] 

48e. D instructions to be followed in the event of emergency, delay, or 

if the shipment is unclaimed. [7.1.5.1 (g)] 

49. • If UN 1072, must be packed in ATA Specification 300/Category I 

containers (unless overpacked) with required markings. [FX-13] 

50a, n If UN 1057, approval must be on the Declaration. [USG-07] 

50b. D If UN 1057, approval must be marked on the package. [USG-07] 

Toxics (Division 6.1) Primary or Subsidiary Risk [FX-02; 2.9.4]: 

51a. D If 6.1 domestic shipments, packing group I orii (except UN 

1230, Methanol), DOT-E or DOT-SP approval number on the 

Declaration. 

51b. D If 6.1 domestic shipments, packing group i or II (^xcept UN 

1230, Methanol), DOT-E or DOT-SP approval number is on the 

package. 

51c. D If 6.1 domestic shipments, packing group I or II (except UN 

1230, Methanol). A copy of the DOT-E or DOT-SP letter must 

travel with the shipment. 

52. D If 6.1 international shipments, packing group I or Ii (except 

UN 1230, Methanol), package is "© V-rated." [FX-02] 

53. D if domestic or International shipments, packing group III, "PG 

III" is written adjacent (not on opposite side) to the label. [FX-02] 

54. D Class 2 substances with a toxic subsidiary risk label will not 

be accepted for carriage. [FX-02] 

Infectious Substances (Division 6.2): 

Labels not more than 50% smaller than standard size may be used. 

55a. D The name and telephone number of a person responsible for -

the shipment on the Declaration. [8.1.6.11.4] 

55b. D The name and telephone number of a person responsible for 

the shipment appears anywhere on the package. [7.1.5.1 (f)] 

56. D Package is "(g) (package type code) Class 6.2". [6.5.3.1.2] 

All Packed in One... 

57. D The dangerous goods are compatible. [5.0.2.11 (a) and (b)] 

58. D The words "ALL PACKED IN ONE" and packaging type on the 

Declaration. [8.1.6.9.2, Step 6 (f)] 

59. D "Q" value is shown on the Declaration, and does not exceed 

1.0. The following are not included in the Q value calculation: dry 

ice, commodities where columns H, J, and L indicate "No Limit", 

commodities where columns J and L indicate gross weight per 

package, or commodities with the same UN number, packing 

group, and physical state. [5.0.2.11 (g) and (h)] 

60. D If the quantity limit in Columns J or L is shown as gross weight 

(G), the gross weight of the completed package must not exceed 

the lowest applicable gross weight. [5.0.2.11(1)] 

Overpacks: 

61. D The dangerous goods are compatible. [5.0.1.5.1] 

62. • The words "OVERPACK USED" on the Declaration. [8.1.6.9.2, 

Step 7] 

63. D The word "OVERPACK" must be marked on the package if all 

markings and labels are not visible. [7.1.4.1] 

64. If Cargo Aircraft Only: 

64a. D One package is contained in the overpack. OR 

64b. D If more than one package is contained, they are assembled so 

clear visibility and easy access to them is possible. [5.0,1.5.3] OR 

64c. D Shipment is Class 3, PG III without a subsidiary risk, or is a Class 

6, 7, org. [5.0.1.5.3] 

Page 2 of 3 

/ . 
I^fl ^ Dangerous Goods Page 3 of 3 

^^E^s ' Acceptance Checklist - 2009 

.|^,^|. | n A r^|< \ A ^T"ll/ C The continued offering of non-compliant dangerous goods packages may result in the niA^ik i n A r%i/ % A A^TI%# ^ 

iMC^N-KAUICJA U I IV t embargo of your dangerous goods stiipments by FedEx Express. NQJN-KAUIlJAv ^ I iV t 

ORM-D Only (49 CFR) - US Domestic Only (Includes US Territories): 

Tracking number, airport/city of departure and destination may be 

completed by the shipper or the Dangerous Goods Specialist. There must 

be at least 3 copies in English. 2 copies must have red hatchings. [FX14] FedEx Service Guide requires compliance with all applicable FedEx 

variations. 

65. D Typewritten or computer generated. [FX-12] 

66a. D Proper shipping name is on the Declaration (Cartridges Small 

Arms, Cartridges Power Devices, or Consumer Commodity). 

[172.202(a)] 

66b. D Proper shipping name is on the package (Cartridges Small 

Arms, Cartridges Power Devices, or Consumer Commodity). 

[172.301 (a)] 

67a. D "ORM-D" in the Class or Division column is on the Declaration. 

[172.202(a)] 

67b. D "ORM-D-AIR" is on the package and enclosed within a 

rectangle, [172.316] 

68. D Number of packages and type of packaging (e.g., 1 box, 1 

drum, etc.) are on the Declaration. [172.202(a)] 

69. D Gross Weight (G) is on the Declaration. Limit is 66 lb/30 kg; may 

be in lb or kg. [172.202 (a); 173.156] 

70. D Passenger and Cargo Aircraft or Cargo Aircraft Only is 

indicated on the Declaration. [172.203 (f)] 

71. D If Cargo Aircraft Only is indicated on the Declaration, a Cargo 

Aircraft Only label must be affixed to the package. [172.402(c)] 

72a. D Name and address of both the shipper and consignee are on 

the Declaration. 

72b. D Name and address of either shipper or consignee on the 

package. [172.301 (d)] 

73. D Signature; may be typed. [172.204 (d)] 

74. D Required markings are not obscured. 

75. D Package is large enough, strong and free of leakage, odors, or 

external damage. [173.156; FX-11] 

76. n "I DECLARE THAT ALL OF THE APPLICABLE AIR 

TRANSPORT REQUIREMENTS HAVE BEEN MET" must 

appear in the additional handling information section or at the 

end of the certification statement. 

[172.204(c)] 

Comments: 

Check here D if 023 shipment (ATA, IP1, IXF) with no 

errors. 

When 023 shipment with no en-ors, file the checklist and a copy of the 

Declaration in the 13-month file. 

For further assistance, call 1-800-Go-FedEx (1-800-463-3339), then 

press 81 to be connected to the Dangerous Goods/Hazardous Materials 

Hotline. 

A customer Job aid for lATA shipments is available at: 

http://images.fedex.com/us/servlces/pdf/DG_Job_Ald_2009.pdf 

DISTRIBUTION: White copy - Return to Shipper EFFECTIVE: 01/01/09 © 2009 FedEx Express FedEx M-2140 01/09 

Yellow copy - Retain three days at origin, then discard LOGOS 139203 WCS All rights resen/ed. 

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